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1. Your ContractWhen you purchase a holiday from the lastminute.com UK website holiday path, which includes a flight plus a hotel, and which is provided by a lastminute.com third party holiday supplier (as opposed to a lastminute.com city break which is provided by lastminute.com) (“Holiday”), you are purchasing a package holiday. Your contract for your Holiday will be with Lowcostholidays Ltd trading and registered at Spectrum House, Beehive Ring Road, Gatwick RH6 OLG (“we”, “us” and “our”) and these conditions detail the terms which will apply to your contract.
2. lastminute.com’s role when you book your Holiday
lastminute.com at all material times acts solely as a web host and search facilitator to enable you to book your Holiday with either Lowcostholidays. lastminute.com has no responsibility whatsoever for any Holiday you book, nor has it any responsibility for the accuracy of the descriptions about any Holiday, or for the prices or price descriptions of any Holiday.
3. Your Financial Protection
We hold an Air Travel Organiser's Licence number 6516. In the unlikely event of our insolvency, and as a result of our ATOL, the CAA will ensure that, if you have purchased your Holiday from us, you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
When you buy an ATOL protected Holiday from us you will receive a confirmation
invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s
Licence number 6516. The price of your Holiday includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the Air Travel Trust Fund. This charge is included in our advertised prices.
4. How to make a Holiday booking
The person making your Holiday booking (the “Lead Contact”) must be UK resident and at least 18 years of age, and must be authorised to make the booking on behalf of all members of your party. We and any of the suppliers on whose behalf we act reserve the right to cancel your booking if you are not over 18 and a UK resident and we will charge you a cancellation fee in accordance with the cancellation charges detailed in clause 10. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party the terms of these booking conditions which are governed by English law, and the jurisdiction of the English courts. The Lead Contact is also responsible for making all payments due to us. In addition, all passengers on the booking must be UK residents.
You may make your booking by filling in all relevant fields on the online booking form, and we will, if what you want is available, send an e-mail confirming your booking. It is only at this point that there is a contract between us.
Alternatively telephone us on 0844 5761085 and talk to a member of our bookings team during the hours of 8am to 11 pm Monday to Friday, 9am to 8pm on Saturdays and 10am to 9pm on Sundays.
We may or may not accept your offer to make a booking for a Holiday at our discretion. 5. Payments When you make your booking for your Holiday you may pay a variable deposit or in some cases this will be full payment which will be notified to you at the time of booking your Holiday. The time limit in which you have to pay is also variable and will be notified to you at the time of booking in the confirmation email we send to you. 6. Pricing and additional charges
We reserve the right to change our prices at any time before you book. If we do you will be told of the revised price applicable to your booking before you commit yourself. As soon as you have made full payment and your Holiday arrangements have been confirmed we guarantee that the price of your Holiday will not be subject to any surcharges except for:
(i) variations in transportation costs, including the cost of fuel;(ii) variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports;
(iii) variations in the exchange rates applied to your Holiday.
In any event, within 30 days of your departure date the price of your Holiday will not be subject to any surcharges.
Should the above mentioned price variations be downward then the price of your Holiday will be accordingly reduced and any refund due paid to you.
If the above price variations mean that the cost of your Holiday goes up, we will absorb and you will not be charged for any increase equal to up to 2% on your Holiday price which excludes insurance premiums and any amendment charges. You will only have to pay the amount over and above that 2% of the Holiday price. If the above price variations increase the price of your Holiday by more than 10% you will be entitled to:
i) take our offered substitute holiday package of equivalent or superior quality if we are able to provide one;ii) take our offered substitute holiday package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the holiday package purchased and the substitute one offered;iii) cancel your Holiday with a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if purchased through us, where you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason you must exercise your right to do so within 14 days from the issue date printed on your final invoice. If you have arranged your insurance through a third party we will not refund the insurance premium in any circumstance.
7. Changes by us to, or cancellation by us of, your travel arrangementsIt is very unlikely that we will have to make any changes to, or to cancel, your Holiday. However, we do plan arrangements a long time in advance and we use the services of independent suppliers, such as hotels, airlines etc over whom we have no direct control. If it is the case that changes need to be made, or we need to cancel your arrangements, we reserve the right to do so at any time. Most of these changes are minor, and we do not pay compensation for minor changes, but whenever possible we will advise you. Any flight timings and carriers on our websites are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your tickets.
If a SIGNIFICANT CHANGE to your Holiday occurs or becomes necessary, we will inform you as soon as possible if there is time before departure. When a SIGNIFICANT CHANGE occurs (such as a change of resort, downgrade of accommodation or a change of flight time of more than 12 hours) or we have to cancel your arrangements, you will have the choice of:
i) accepting the change of arrangements.ii) taking our offered substitute holiday package of equivalent or superior quality if we are able to provide one.iii) taking our offered substitute holiday package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered.
iv) cancelling your Holiday with a full refund of all monies paid except for any amendment charges. We will consider an appropriate refund of insurance premiums paid and purchased through us if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason you must exercise your right to do so within 14 days from the issue date printed on your final invoice. If you have arranged your insurance through a third party we will not refund the insurance premium in any circumstance.
We may also pay appropriate compensation for SIGNIFICANT CHANGES or cancellation of travel arrangements unless the change to or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure. In these circumstances we will not pay any resulting expenses or additional costs.
Where compensation is due, we will pay you a maximum of the following amounts, unless you can prove a greater loss (where a greater compensation payment may be due):
Time before your Holiday begins when we tell you about a significant change Compensation per person
More than 56 days Nil
43 - 56 days £10
29 - 42 days £20
15 - 28 days £30
14 days or less £50
8. Changes made after travel
If, after your departure, a significant part of your Holiday cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.
9. Changes by you to your travel arrangementsIf after our confirmation has been issued you wish to change any part of your travel arrangements, we will make every effort to help you do this, subject to availability and the type of ultimate product suppliers (airlines, car-hire companies, hotels etc), you have chosen and their cancellation/change charges details of which will be provided to you on request at any time including prior to booking. If you want to change any details regarding your flight reservation, airline rules mean that we may have to cancel your original flight and purchase a new one and you will be required to pay the full flight cost again. We will charge you an administration charge of £45 per change per booking, and you will be liable to pay the hotel, car-hire, airline or other ultimate product charges resulting from your changes.
10. Cancellation by youIf you wish to cancel your travel arrangements for any other reason than for there being additional charges (see clause 6) or alterations (clause 9) we must be notified in writing. Cancellation will be deemed to occur on the day we receive this cancellation request so you may want to use recorded delivery. As this incurs administrative costs we will charge you an administration charge of £45. per booking, and you will be liable to pay the hotel, car-hire, airline or other charges levied on us as a result of your cancellation.
After ticket issue cancellation will result in a loss of 100% of total cost of all travel arrangements in most cases. Please consult our customer services team on 0871 2226596* calls cost 10p per minute plus network extras, if you have any queries.
You will have the opportunity to see certain cancellation charges, for ancillary travel services such as car hire and insurance at the time of booking and copies of suppliers’ terms and conditions relating to your booking are available on request . For example if you have included car hire as a component in your Holiday there are both additional terms and cancellation charges. In addition if you have booked a tour and/or an excursion the cancellation charges (imposed upon us by our suppliers) are likely to be 100%.
If you have taken out Holiday insurance from another supplier and the reason you are cancelling is covered by that insurance, you should be able to obtain payment of these cancellation charges (after deducting any part of the claim which the insurance company insists you pay) from your insurance company. You must pay the cancellation charges first. Please make sure you get written confirmation of your cancellation from us - this proves we have received your cancellation and you will need it to make a claim on your insurance. When you book your Holiday, your money is protected in the unlikely event of our insolvency, since we hold an Air Travel Organiser's Licence granted by CAA. £2.50 per person of the cost of your Holiday is paid to the CAA to provide ATOL Protection for you. If you decide to cancel your booking with us, you will be still liable to pay this fee.
11. Claims and ComplaintsIf you have a complaint whilst on Holiday you must tell the relevant supplier (e.g. hotel) or our customer services team on 0871 2226596*calls cost 10p per minute plus network extras, immediately. Most problems can be solved on the spot but if after you return home you are still not satisfied you must write to our customer relations department in London on your return. It is unlikely that you will have a complaint that cannot be settled amicably between us, however, if this is not the case any dispute arising out of, or in connection with this contract, may (if you wish) be referred to Arbitration under a special scheme, which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability of the client in respect of costs. The scheme does not apply to claims for an amount greater than £5,000.00 per person or £15,000.00 per booking form or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, although it does include claims with an element of injury or illness up to £1,000 on that element. Written notice requesting Arbitration must be made within 9 months after the scheduled date of return from Holiday.
12. Web SitesEvery effort has been made to ensure the accuracy of descriptions and information. However, we are not always able to control all the components of the Holiday arrangements and it is possible that an advertised facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovations etc. We will advise you if we become aware of a major change. We will make all reasonable efforts to inform you of any changes at any stage in your booking prior to travel. We will advise you if we become aware of a major change (e.g. a change of resort, hotel, or a change of flight time of more than 12 hours), and if any changes occur after you have confirmed booking you should refer to clause 7 of these Terms and Conditions for the options available to you in these circumstances.13. Passport/Visas/Health requirementsAll requirements should be checked with the relevant Embassy of the destination country. A valid 10-year passport is necessary for all our Holidays. Some overseas countries have an immigration requirement that your passport is valid for a minimum period after you enter that country, typically 6 months. If your passport is in its final year of validity, we advise you confirm the requirements of the destination before making final travel plans. You should apply for a passport or to renew an expired passport at least four weeks before traveling.
The UK Passport Agency can provide further information at: www.ukpa.gov.uk
Passports for children and young people: Children not already included on a valid British passport will need to hold their own passport if they are to travel abroad. Children who were included on a passport before 5 October 1998 may continue to travel with the passport holder until:
* The child reaches the age of 16; or* The passport on which the child is included expires; or * The passport on which the child is included is replaced or an amendment results in the issue of a new passport.
Names: The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after booking a Holiday but before traveling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can make the necessary changes to your Holiday documentation. Please note that additional charges may apply.
Visas: You should contact your Embassy for information and advice on the visa requirements of the countries you propose to visit. Please note: Passport and visa regulations can change and you should therefore check with the relevant embassy well in advance of travel, even if you have traveled to this destination before. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It can often take some time to obtain a visa, so you are advised to apply in plenty of time. We accept no responsibility for customers who do not possess the correct documents.
Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include the Department of Health's free leaflet "Health Advice For Travellers", your GP or a specialist clinic. Please note that you are strongly advised against scuba diving for 24hrs before travelling by air. For the most up-to-date essential information on your choice of destination and to ensure you make the most of your trip abroad, we recommend you visit the Foreign Commonwealth Office (FCO) website at http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/
14. Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK.
Your tickets and any other documents relating to your Holiday booking will be delivered by e-mail in the form of an e-ticket to the e-mail address you supplied at the time of booking. Provided you have paid the total cost of the travel arrangements, we will endeavour to dispatch your tickets to you at least 2 weeks prior to departure, provided we have received full payment for your booking. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.
For bookings made within 7 days of departure, that require printed travel documentation, it is necessary for us to use a courier company which guarantees next day delivery and any charges will be passed on to you at the time of booking. In such cases, tickets will either be sent to you or to the departure airport, and this will be advised at the time of booking. Please note that the delivery charge is non-refundable.
16. Lost/Stolen Flight Tickets
If you lose your flight ticket or it is stolen before you leave the UK, certain airlines will not authorise us to issue a replacement. You would then be required to purchase a new ticket and there may be a delay of up to 12 months before we receive authority from the airline to make any refund to you. If the airline concerned does allow us to issue a replacement ticket, we will require payment of an administration fee from you. It is most important that you contact us as soon as you realise that your ticket is missing. If your ticket is lost or stolen after you have left the UK, certain airlines will not issue a duplicate. You will need to purchase a new ticket locally, at the local fare. When you return to the UK you can apply to us for a refund on your lost ticket, but any refund will be entirely at the discretion of the airline and it can take up to 12 months before we receive authority from the airline to make any refund.
17. Suppliers’ Conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our suppliers’ conditions will also apply to your contract with us, and in the event of any conflict between the suppliers’ conditions and our conditions, the suppliers’ conditions will prevail, save to the extent that any term in the suppliers’ conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our suppliers’ conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conditions may be provided via a link in your confirmation email, on request through our customer services team or through the relevant supplier direct.
18. Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.
19. At the Airport – Check-in
If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.
If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements.
Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense.
20. Denied Boarding
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
21. Special requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
22. Disabled Travellers and Passengers with Reduced Mobility
We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your Holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact our Special Needs Team on 0844 5761085 This is a dedicated telephone line for special needs enquiries and we are unable to transfer calls to other departments.
If you have a medical / mobility problem / condition or disability which may affect your Holiday, please tell us before you confirm your booking. We and our suppliers may require a doctor’s certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.
Overseas accommodation and services
The majority of overseas accommodation, overseas transport (including transfers) and other Holiday services provided overseas are not equipped to cater for the needs of many disabled Holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your Holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied.
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly or your travel agent before making your reservation. This will enable your travel agent to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
23. InsuranceYou must in all cases take out adequate travel insurance through us, the travel agent or other approved insurance supplier. If you have booked insurance with your Holiday through us please see the applicable terms and conditions at this link: Insurance Terms
Excursions or other tours that you may choose to book or pay for while you are on Holiday are not part of your Holiday provided by us. For any excursion or other tour that you book your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator. If any excursion or other tour you book while you are on Holiday is booked with the assistance of any of our representatives or local agents they are acting only as a sales facilitator and their participation in helping you make the purchase does not create or mean any liability or obligation for us in relation to the operation of the excursion or other tour.
25. Car Hire
Car hire reservation are provided by Holiday Autos (UK & Ireland) Limited, a member of the lastminute.com plc group. Their terms and conditions can be found on the purchase path when purchasing car hire at the following link Car hire terms
26. Data Protection Policy
We take the privacy of our customers' data very seriously. Please read the policy to understand how we will treat your personal data after it has been collected by us through your use of one of our distribution channels. Those distribution channels will include website, our WAP, PDA and digital TV services our Interactive Voice Recognition software and other channels as they evolve. If this policy changes then we will let you know via our homepage but we assure you that we only use your data as specified here and for our legitimate business reasons.
27. Unreasonable BehaviourIf in the reasonable opinion of a person in authority including a pilot or captain you are not fit to travel, he or she may refuse to let you board the aircraft or train or ship. Normally this happens if such a person thinks you are likely to disturb or harm other passengers. In this case your contract with us will end immediately and we will no longer be responsible for you. In addition if your behaviour is such that an hoteliers reasonable opinion leads him or her to the view that they are unable to accommodate you, you may be asked to leave the hotel. In this instance no refund for lost nights accommodation will be made and the cost of any other accommodation or travel expenses will be absolutely your responsibility
We will also hold members of your party jointly and individually liable for any damage to the property, together with legal costs incurred in pursuing the claim. We can not be held responsible for the behaviour or actions of other individuals or guests who have no connection with your Holiday arrangements or ourselves. We do not tolerate any abuse or threatening behavior directed toward any of our staff or suppliers, and reserve the right to withdraw any assistance being given to you in this instance.
28. JurisdictionThis contract is made on the terms of these booking conditions which are governed by English Law and both parties shall submit to the jurisdiction of English Courts at all times unless the consumer chooses the jurisdiction of their domicile in Scotland or Northern Ireland.
29. Promotion Codes
Promotional codes provided to you by us (“Promo Codes”) will have the value, exclusions and limitations as notified to you at the time you were provided with the Promo Code, and may be valid for limited periods.
The Promo Code is valid only for qualifying purchases made on the Site. A qualifying purchase means the purchase of the specified product or products in accordance with the conditions notified to you at the time you were provided with the Promo Code. A Promo Code may only be used once per qualifying transaction and is applied to the transaction as a whole, not per customer. If a Promo Code is no longer valid upon entry you will be notified.
To redeem the Promo Code, you simply type the Promo Code into the promotional code field in the check-out section of the Site, click the validate button and the relevant discount will be automatically deducted from the final price of your qualifying purchase. If you fail to enter the Promo Code at the time of purchase as specified above, your purchase will not be eligible for the discount. Discounts may not be claimed after you have confirmed your purchase on the Site.
You may not redeem or exchange the Promo Code or applicable discount for cash. You may not use or combine the Promo Code with any other promotions unless permitted by us or lastminute.com. If lost or stolen, the Promo Code will not be replaced.
We prohibit the posting of the Promo Code on the Internet or any public forum, or the forwarding or giving of the Promo Code to any other person.
If you wish to change a Holiday booking made using a Promo Code after the promotional period for that Promo Code has ended you will be required to repay the amount that we contributed towards your booking as well as any other fees or charges that apply to the change.
In the event of any violation of these terms and conditions, we reserve all of the rights and remedies available to us, including charging your payment card for the amount of the discount obtained by your use of the Promo Code, cancelling your reservation without a refund to you, and all other remedies available to us.
We make no representations and exclude any warranties, express or implied, as to the availability, quality, timeliness, performance or fitness for a particular purpose of a Promo Code or any of the products or services purchased using a Promo Code. In the event that a Promo Code is not functional, your sole remedy, and the sole liability of us shall be the replacement of the non-functioning Promo Code.
We reserve the right to change the Promo Code and these terms and conditions from time to time in its sole discretion and to modify, suspend or cancel any Promo Code or related promotion at any time.
Users of promo codes must be over 18 and UK residents.