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Terms and Conditions
Package Holidays
These Booking Conditions together with the Important Information contained within our website form the basis of your contract for all bookings of package holidays and accommodation only made with ExpertoItaly, (trading name of LAI Travel Ltd. company registration number 01383022, incorporated 9th August 1978) whose registered office is situated at 925,Finchley Road, London NW11 7PE.
The prices contained within this product and price guide are for guidance only. The price of your arrangements will be confirmed at the time of booking by your travel agent and may be different to the price appearing in our website. For training and quality purposes telephone calls may be recorded.
If you are booking a flight only booking different booking conditions will apply.
1. The meaning of the words used in these booking conditions
The following words have the following meanings (except where the context otherwise requires); “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “Party leader” means the person who makes the booking.
“ExpertoItaly”, “we”, “us” and “our” means LAI Travel Ltd. “Package” is within the meaning of The Package Travel, Package Holidays and Package Tours Regulations 1992. “Accommodation only” means any accommodation (of whatever type) which is arranged by us and does not form part of a package.
“Arrangements” means a package and/or accommodation only, as applicable. “Ticket(s)” means the document which, subject to compliance with all applicable requirements, will enable you to gain access to your flight. References to a “ticket” includes an e-ticket and any equivalent document. “Departure” means the commencement of your arrangements.
“ATOL” means the Air Travel Organisers Licence issued by the Civil Aviation Authority of which LAI Travel Ltd., trading as ExpertoItaly, is a holder under licence number No ATOL1249. Any booking made made 10 weeks or less before the departure date is considered a “late booking''.
2. Making your booking
All bookings must be made via email or telephone to our office located at 181a Kings Cross Road, London WC1X 9DB. The party leader must be at least 18 years of age and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking.
In making the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to us. The payments set under clause 5 (“Payment”) below must be made at the time of booking.
Your booking will be confirmed by the issue of a confirmation invoice subject to the availability of all component parts of your requested arrangements and payment for the components of your holiday. Your contract will come into existence as set out under clause 6 “Your contract”.
3. Your confirmation invoice / ticket / other paperwork
Please check your confirmation invoice, ticket and any other documentation you may receive in relation to your booking as soon as you receive it. You must contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later.
We regret we cannot accept any liability if we are not notified of any inaccuracy in any documentation within 7 days of it being sent to you. In the event that we are not notified of any changes within 7 days we will endeavour to rectify or arrange for the rectification of any inaccuracies, however you will be liable for any costs involved in doing so.
4. Payment
In order to confirm your chosen arrangements, a minimum non-refundable deposit of £100 per person must be paid at the time of booking if your booking is not a Late Booking. A higher deposit may be payable depending on the particular arrangements booked. In addition full payment for flights may be required at the time of booking. Full details of the applicable payment will be given to you at the time of booking. Please also see clause 7 “The cost of your arrangements”.
If you are not making a Late Booking the balance of the cost of your arrangements must be received by us no later than 8 weeks before departure. The balance due date will be shown on the confirmation invoice. Please note reminders are not sent. If we do not receive full payment (including any surcharge where applicable) by the deadline of 8 weeks before departure, your booking may be cancelled. In this case the cancellation charges set out in clause 11 “Cancellation by you” below will be payable.
If you make a booking with 8 weeks of departure, full payment must be made at the time of reservation.
5. Your contract
When your booking is confirmed as set out in clause 2 “Making your booking”, a legally binding contract between you and ExpertoItaly comes into existence. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us.
We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt by the Courts of England.
6. The cost of your arrangements
The prices contained within this product and price guide are for guidance only. Supplements/surcharges may be applicable for peak times including but not limited to bank holidays, special events and Christmas/New Year.
In order to guarantee the price of arrangements confirmed at the time of booking or any element of them (for example, any flight(s), you may be required to make full payment for the arrangements/element(s) concerned at the time of booking/prior to balance due date. If you fail to meet any such request, any increase(s) in the price will be passed on to you. However, we would like to draw your attention to the fact that it may not always be possible to guarantee the price by making payment as set out above in which case any increase(s) will be passed on as set out below.
Once the price of your arrangement(s) has been confirmed at the time of booking, then subject to the correction of errors we will only increase or decrease the price in the following circumstances.
Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at airports or in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if any increase in our costs exceeds 2% of the total cost of your arrangements (excluding any amendment charges) will we levy a surcharge. In the event that any surcharge is greater than 10% of the total cost of your arrangements (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase other arrangements from us as referred to in clause 12 “Changes and Cancellation by us”.
You have 14 days from the surcharge invoice issue date to tell us if you want to cancel or purchase other arrangements. If we do not hear from you within this time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of your arrangements or within 14 days of the surcharge invoice issue date, whichever is the later.
No surcharge will be levied within 30 days of your departure. No refunds will be payable if any decrease in our costs occurs within this period either. A refund will only be payable if any decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of such decrease.
7. Special requests, disabilities and medical conditions
If you have any special request, you must advise our travel consultants at the time of booking. We regret we cannot guarantee any request will be met unless we have specifically confirmed it in writing.
Confirmation that a special request has been noted is not confirmation that it will be provided. All special requests are subject to availability. Failure to meet any special request will not constitute a breach of contract.
If you or any member of your party has any disability or medical condition which may affect your arrangements, please provide us with full details at the time of booking so that we can advise as to the suitability of the chosen arrangements. If we/the airline/other supplier reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline the booking. In the event that full details are not given at the time of booking, we reserve the right to cancel the booking when we become aware of these details. Cancellation charges in accordance with clause 11 will apply.
8. Insurance
Adequate travel insurance is essential. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
9. Changes by you
Should you wish to make any changes to your confirmed arrangements, the party leader should notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests will be met. Where they can be met, a non refundable amendment fee of £50 per person will be payable together with any costs or charges incurred by ourselves or incurred or imposed by any airline or supplier.
Some suppliers/airlines and hotels, special fares/costs are in some cases non-refundable as soon as they are booked. In addition some suppliers/airlines may consider a name change or other change to an existing booking as a cancellation and rebooking with up to 100% cancellation charges payable by you. Please check at the time of booking.
If any member of your party is prevented from travelling, the person(s) concerned may be able to transfer their place to someone else for the accommodation and transfers only and not for the flight (unless permitted by the airlines booked on your behalf), providing we are notified not less than two weeks before departure. The request must be made in writing by the party leader and sent to us.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 per person must be paid before the transfer can be effected.
For flight inclusive packages, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, you will have to pay the full cost of an alternative flight (if available) if you wish to transfer after tickets have been issued. If you require an alternative flight then we must be notified in writing not less than two days before departure upon which we shall endeavour to secure an alternative flight.
10. Cancellation by you
Should you or any member of your party need to cancel your confirmed arrangements, the party leader must immediately notify us in writing. The following cancellation charges will be payable where you cancel or your booking is cancelled in accordance with these Booking Conditions. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost of the cancelled arrangements including any amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
Please note that where an outbound portion of your flight coupon is not used, the return sector will be automatically cancelled by the airline and will be classed as void. No automatic right to any refund exists for such part-used tickets.
(a) Package Holidays
Period before departure and cancellation charge
56 days or more = deposit only
55 - 29 days = the higher of 50% of the total cost or loss of deposit
28 - 15 days = the higher of 80% of the total cost or loss of deposit
14 days or less = the higher of 100% of the total cost or loss of deposit
(b) Accommodation Only
Period before departure and cancellation charge
56 days or more = deposit only
55 - 29 days = the higher of 60% of the total cost or loss of deposit
28 - 15 days = the higher of 80% of the total cost or loss of deposit
14 days or less = the higher of 100% of the total cost or loss of deposit
The cancellation charges as set out in paragraphs a) and b) above apply to all bookings except where a booking includes items or services where the supplier’s cancellation charges exceed those shown above. Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking.
In the event of cancellation by some but not all party members, additional charges may be payable (for example, where a twin or double room will only be occupied by one person). Any such additional charges must be paid at the time of cancellation or with the balance of the cost of the arrangements as advised.
(c) Other Travel Arrangements (apart from accommodation only)
If you need to cancel you must contact us. Cancellation charges vary depending upon the services booked and will be higher the later you cancel. In all cases a minimum cancellation fee of £50 will apply regardless of the value of the service cancelled. In some cases it may not be possible to offer any refunds for certain services such as air tickets once a booking has been made.
Please ensure that you are certain of the fees applicable to your booking by asking us before proceeding to book your arrangements. Air tickets returned to us for a refund are subject to an administration fee of £50 per ticket, irrespective of the number of tickets returned. Refunds will not be paid by us until they have been received by us from the relevant airline or consolidator.
11. Changes and cancellation by us
(a) Package Holidays. Arrangements are often made many months in advance. Occasionally, we, airlines and/or suppliers have to make changes to and correct errors in published and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will only cancel your confirmed booking 10 weeks or less before departure where you have failed to comply with any requirement of these booking conditions entitling us to cancel or where we are forced to do so as a result of circumstances outside our control or because an insufficient number of people have booked your chosen arrangements and we have notified you of this not less than 10 weeks before departure.
Most changes are minor. Occasionally, we have to make a significant change. Significant changes include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away; a change of outward departure time resulting in the overall length of time you are away being reduced by twenty four hours or more. For the avoidance of doubt this does not include delays at the airport on the day of departure; or a change of UK departure point to one which is substantially more inconvenient for you (except between airports within or around the same city for example London Gatwick and Stansted Airports).
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) accepting the changed arrangements; or
(b) purchasing alternative arrangements from us, of a similar standard to those originally booked if available. If the alternative is less expensive than the original arrangements, we will refund the difference. If the alternative is more expensive and the change occurs before we have received full payment for your booking we may ask you to pay the difference; or
(c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
In the unlikely event that after departure we are unable to provide a significant proportion of the services you have booked we will make alternative arrangements for you at no extra charge and if appropriate pay you compensation.
(b) Other Arrangements. If your booking is classified as “other holiday arrangements” we will try and tell you of any changes before you go. The procedure in the event of a “significant change” is similar to that described above, however all elements of the holiday arrangements are treated separately rather than as a total, so whilst a refund would be possible for the accommodation the flight cancellation conditions apply. There is no recourse to any compensation for charges or cancellations when booking “other holiday arrangements”.
Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we cancel more than 10 weeks before departure because an insufficient number of people have booked your chosen arrangements, No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Bookings Conditions entitling us to cancel (such as paying on time) or where any change is a minor one.
12. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, ExpertoItaly, airlines and other suppliers will not be liable for any change, compensation, cancellation, effect on your holiday, loss, damage or expense of any nature or description you suffer or incur or failure to perform or properly perform any contractual obligation(s) which is due to any event(s) or circumstance(s) which ExpertoItaly, the airline or other supplier, as applicable, could not, even with all due care, foresee or avoid.
Such events may include but are not limited to war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, pandemics, systems failure and all similar events outside our control or that of the party concerned.
13. Flight information
The flight timings given on booking are for general guidance only and are subject to change. The latest flight times will be those shown on your tickets. You must accordingly check your tickets carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched. We advise you to contact us to reconfirm your outbound journey at least 72 hours prior to departure should there be a late flight change, and you are required to reconfirm your flights in accordance with the airline reconfirmation deadline.
We are not liable if there is any change to a departure or arrival time previously given to you or shown on your ticket. Please reconfirm your flights with the airline.
Please note that a flight described as “direct” will not necessarily be non-stop. Where a sector of a flight itinerary is not utilised without contacting the carrier directly, any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred.
14. Flight delay
Unfortunately, delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the airline concerned should provide refreshments when and where appropriate.
ExpertoItaly is not in a position to provide any assistance in the event of flight delay and cannot accept any liability except where expressly stated in these Booking Conditions.
15. Denied Boarding Regulations
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you as the full amount of your entitlement to any compensation or other payment is covered by the airlines obligations under these regulations. For further information you should contact the Air Transport Users’ Council www.auc.org.uk.
The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.
16. Our Liability to you
A. We promise to make sure that all services we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. This means, subject to these conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted 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 arranging, performing or providing, as applicable, the contracted service in question.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or any other loss of any description), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
(a) the act(s) or omission(s) of the person(s) affected or any member(s) of their party; or,
(b) the act(s) or omission(s) of a third party not connected with the provision of your holiday which we could have predicted or avoided; or,
(c) force majeure as defined in clause 13 above.
B. Please note, we cannot accept responsibility for any services which do not form part of our contract; for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you.
C. The promises we make to you about the services we have agreed to arrange, perform or provide 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 have been properly performed or provided. If the particular services which give rise to a 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 laws and regulations of the UK which would have applied had those services been provided in the UK.
D. Where any claim or part of a claim relates to any transport (including the process of getting on/off the transport) provided by any air, sea, rail or road carrier or any stay in an hotel, the maximum we will have to pay you in respect of that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable by the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, Athens Convention for international travel by sea, Warsaw Convention as amended or unamended the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Berne Convention for international travel by rail).
Where the carrier or hotelier would not be obliged to make any payment to you under the international convention or regulation in respect of a claim or part of a claim, we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available on request.
E. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which 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 cannot accept liability for any business losses.
17. Behaviour
If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
18. Complaints
In the unlikely event that you have any reason to complain about any arrangements whilst away, you must immediately inform the airline or supplier of the service(s) in question in order for them to have the opportunity to rectify the situation. Any verbal notification must be confirmed in writing to the airline/supplier as soon as possible.
If you remain dissatisfied, you must write to us, Customer Services, ExpertoItaly, 181a Kings Cross Road, London WC1X 9DB within 28 days of the end of your arrangements giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
19. Passports, visas and health requirements
It is your responsibility to ensure that you are in possession of all necessary and up-to-date travel and health documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation and/or provide personal details as may be required. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Those passengers with a non- British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. For European holidays you should obtain a completed and issued form EHIC prior to departure.
All passengers flying to or via the USA must have machine-readable passports. In order to comply with US regulations, airlines operating to the US are required to obtain certain information from passengers, including but not limited to country of residence, full address of your first night’s accommodation in the US, full name, date of birth, gender and if applicable redress number prior to the departure of the flight from the UK. Other destinations may also require this information.
20. Conditions of suppliers
The services which make up your arrangements are provided by independent suppliers. In the event that you book a flight only or accommodation only the suppliers own terms and conditions will apply. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.
21. Financial security
We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 1249). When you buy an ATOL protected air inclusive holiday from us you will receive a confirmation invoice confirming your arrangements and your protection under our ATOL. In the unlikely event of our insolvency the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking.
The air inclusive holidays we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at www.atol.org.uk.
22. Booking Condition Amendments and Right to Refuse Travel Arrangements
We reserve the right to add, withdraw and/or amend any of our bookings conditions at any time and without notice and furthermore reserve the right to refuse any booking.
Flight only bookings
The following booking conditions form the basis of all flight only bookings made with ExpertoItaly, trading name of LAI Travel Ltd.. Please read them carefully as they set out your rights and obligations.
These booking conditions do not apply to package or accommodation only bookings or to bookings of flights which form part of a package. Please see our brochures or request a copy of the conditions which apply to such bookings.
These booking conditions apply to the following types of flight only bookings
Flights which we sell as principal
Scheduled flights which we sell as principal under the cover of our ATOL 1249. You will have a contract with us in relation to the flight(s) which we agree to arrange in accordance with these booking conditions. Your confirmation invoice will confirm this. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract.
Flights which we sell as agent
Scheduled flights which we sell as agent for the airline concerned
You will have a contract for the flight(s) with the airline and not with us. Your confirmation invoice will confirm this. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract.
Scheduled flights which we sell as agent for another ATOL holder
You will have a contract in relation to the contracted flights with the ATOL holder concerned whose name and ATOL number will be confirmed at the time of booking and shown on your confirmation invoice. The relevant parts of these booking conditions together with the ATOL holder’s conditions and the airline’s conditions of carriage (copies available on request) will apply to your contract.
Flights which we sell as ticket provider
Scheduled flights where you receive a ticket or equivalent document when you make full payment at the time of booking. You will have a contract for the flight(s) with the airline and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage will apply to your contract. In return for payment, your ticket will be given to you straight away if booking in person or sent to you by first class or equivalent post no later than the following working day after payment is received.
1.The meaning of the words used in these booking conditions
In these booking conditions, the following words have the following meanings (except where the context otherwise requires):
“You”, “your” and “party members” means all passengers named on the booking who are intended to travel on the flight(s)(including anyone who is added or substituted at a later date) or, where the context requires, any of them.
“Party leader” means the person who makes the booking.
“ExpertoItaly”, “we”, “us” and “our” means LAI Travel Ltd. trading as ExpertoItaly.
“Package(s)” means the pre-arranged combination of at least two out of
(a) transport
(b) accommodation
(c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements where sold or offered for sale by us at an inclusive price and where the service lasts at least 24 hours or includes overnight accommodation. For the avoidance of doubt, the component parts must be booked with us in combination at the same time for a package to exist.
“Flight(s)” means any flight(s) booked with ExpertoItaly which is covered by these booking conditions
“Ticket(s)” means the document which, subject to compliance with all other applicable requirements, will enable you gain access to your flight. References to a “ticket” include an e-ticket and any equivalent document.
“Ticket provider” has the meaning set out in these booking conditions
“Departure” means the departure date of your flight or, if more than one, of the first flight on your booking to depart
“ATOL” means the Air Travel Organisers Licence held by LAI Travel Ltd. (No 1249)
2. Making your booking
All bookings must be made through us. The party leader must be at least 18 and must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking. In making the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these booking conditions. The party leader is responsible for making all payments due to us.
The payments set out under clause 4 “Payment” below must be made at the time of booking. Subject to the availability of your requested flights and receipt by your travel agent of all applicable payments, your booking will be confirmed by the issue of a confirmation invoice or, if you purchase flights which we sell as ticket provider, by the issue of your ticket. Your contract will come into existence as set out under clause 5 “Your contract”.
3. Your confirmation invoice / ticket / other paperwork
Please check your confirmation invoice, ticket and anything else you receive in relation to your booking carefully as soon as you receive it. Contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any error we have made in any document within 7 days of its being sent to you. We will endeavour to rectify or arrange for the rectification of any errors notified to your travel agent outside these time limits but you must meet any costs involved in doing so.
We have no responsibility for any errors in any documentation we did not issue. Please see clause 11 “Changes by you” if you wish to make any changes to your booking or to the information you provided to us at the time of booking.
4. Payment
In order to confirm your chosen flight(s), 100% of the flight price must be paid at the time of booking. Full details of the applicable payment will be given at the time of booking. Please also see clause 6 ’The cost of your flight(s)’.
If not paid in full at the time of booking, the balance of the cost of your flights must be received by us no later than by the specified time. This date will be shown on the confirmation invoice. Reminders are not sent.
If we do not receive all payments due (including any surcharge where applicable) in full and on time, your booking is likely to be cancelled. In this case the cancellation charges set out in clause 12 “Cancellation by you” below will be payable.
5. Your contract
When your booking is confirmed as set out in clause 2 “Making your booking”, a legally binding contract between you and ExpertoItaly or between you and the airline or between you and another ATOL holder depending on the flights booked will come into existence. Please see below for further details of the contract.
For all bookings, all parties agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises (except as set out below). All parties also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises must be dealt by the Courts of England and Wales only.
Flights which we sell as principal under the cover of our ATOL No 1249
You will have a contract with us for your confirmed flight(s) which will be protected by our ATOL No 1249 but our obligations under that contract are limited to reserving your flight with your confirmed airline (or a substitute) and providing you with a ticket. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract.
Flights which we sell as agent for the airline or another ATOL holder
You will have a contract for your confirmed flight(s) with the airline or the ATOL holder concerned as advised at the time of booking and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage and the ATOL holder’s conditions, if applicable, will apply to your contract (copies available on request).
Flights which we sell as ticket provider
You will have a contract for your confirmed flight(s) with the airline and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract
6. The cost of your flight(s)
You must check the price of your chosen flight(s) at the time of booking. We/airlines/other ATOL holders reserve the right to correct errors in advertised prices. If any error is apparent at the time of booking, you will be advised.
Depending on the fare, type of ticket and applicable conditions, the price of your confirmed flight(s) may increase after booking. Please enquire at the time of booking as to whether this will be the case for your booking.
7. Special requests, disabilities and medical conditions
If you have any special request, you must us at the time of booking. Although we will endeavour to pass any reasonable requests on to the airline, we regret we cannot guarantee any request will be met unless we or the airline have specifically confirmed it in writing. Failure to meet any special request will not otherwise be a breach of contract.
Confirmation that a special request has been noted or passed on or the inclusion of the special request on your confirmation invoice 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 disability or medical condition which may affect your flight arrangements, please provide us with full details so that we can advise accordingly. In any event, we must be given full details in writing at the time of booking.
8. Insurance
We consider adequate travel insurance to be essential. Travel insurance is widely available. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
9. Travel advice
For up to date travel advice from the UK government, please visit www.fco.gov.uk/knowbeforeyougo
10. Passports, visas and health requirements
It is your responsibility to ascertain and comply with all passport, visa and health requirements which apply to your flight / travel arrangements. These requirements may change and you must check the up to date position in good time before departure. A British passport presently takes approximately 2 to 6 weeks to obtain depending on whether you are renewing your passport or obtaining one for the first time but you should allow more time if possible.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and most Post Offices.
It is your responsibility to ensure that you are in possession of a valid passport and all necessary visas, travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any flight or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in any fines, surcharges, other financial penalty, expenses or other sums of any description being imposed on or incurred by ExpertoItaly, any airline or other ATOL holder, you will be responsible for reimbursing us / the airline / the other ATOL holder accordingly.
11. Changes by you
Should you wish to make any changes to your confirmed flight(s), you must notify us as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests can / will be met. Where they can be met, an amendment fee of £50 per person will be payable together with any costs or charges incurred by ourselves or incurred or imposed by any airline or other ATOL holder. Changes (including name changes) cannot be made in relation to certain fares or, generally, after tickets have been issued.
12. Cancellation by you
Should you or any member of your party need to cancel any confirmed flight(s), the party leader must immediately notify us. Your notice of cancellation will only be effective when it is received in writing by us.
Flights which we sell as agent or as ticket provider
The applicable cancellation charges of the airline or ATOL holder concerned will apply where you cancel or your booking is cancelled in accordance with these booking conditions (for example, where you fail to make payment as required). Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking. In addition, an administration fee of £50 per person will be payable.
13. Changes and cancellation by us / airlines / other ATOL holders
Flights which we sell as principal
Our obligations under our contract are limited to reserving your flight with your confirmed airline (or a substitute) and providing you with a ticket. We are not a carrier, do not enter into a contract for carriage with you and have no liability for the flight itself or for the acts / omissions of the airline or any of its employees, agents, suppliers or sub-contractors. We have no control over the airline or any cancellation of or changes to any flight by the airline. We have no choice but to reserve the right to make changes to and cancel confirmed flight bookings where the airline does so. We also reserve the right to change and correct errors in published or confirmed details of flights. Where we are advised of any change to or cancellation of your flight by the airline, we will advise you as soon as possible. Where applicable, we will offer you the options and/or compensation offered by the airline.
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, you may be entitled to claim compensation, a refund, re-routing and/or other assistance from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where this is the case, you must pursue the airline. Please also see clause 17 “Denied Boarding”. We are not an air carrier for the purposes of the Denied Boarding Regulations and have no liability to you in relation to any change or cancellation of any flight.
In the event of our being found liable in respect of any change or cancellation of any flight(s) on any basis, our liability will in any event be limited to a maximum of the cost of the flight(s) concerned. We will have no liability where any change or cancellation results from force majeure (see clause 14).
14. Force Majeure
Except where otherwise expressly stated in these booking conditions, ExpertoItaly, airlines and other ATOL holders will not be liable for any change, cancellation, affect on your flight(s) / holiday, loss, damage or expense of any nature or description or failure to perform or properly perform any contractual obligation(s) which is due to force majeure. In these booking conditions, force majeure means any event(s) or circumstance(s) which ExpertoItaly, the airline or other ATOL holder, as applicable, could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, system failures and all similar events outside the control of the party concerned.
15. Flight timings and EU operating ban
The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your invoice. However, the actual flight times will be those shown on your tickets. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched – we, or the airline will contact you as soon as possible if this occurs. We suggest you contact us or airline to confirm timings for your return flight two days before departure of that flight.
Any change of confirmed operating airline will be notified to you as soon as reasonably possible after we become aware of the change.
Any change in the identity of the operating airline, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to another flight without paying the normal applicable charges except where specified in these booking conditions or the conditions of carriage of the airline concerned.
If the airline with whom you have a confirmed reservation becomes subject to an operating ban , the airline concerned will offer you re-routing or a refund of the cost of the affected flight(s).
16. Flight delay
Unfortunately, delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the airline concerned should provide refreshments when and where appropriate. ExpertoItaly is not in a position to provide any assistance in the event of flight delay and cannot accept any liability except where expressly stated in these booking conditions.
17. Denied Boarding Regulations
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation, a refund, re-routing and/or other assistance against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation, refund, re-routing and/or other assistance due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment or remedy arising from such cancellation, delay, downgrading or denied boarding.
The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations.
If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk
18. Complaints
In the unlikely event that you have any reason to complain or make a claim about any flight(s), you must immediately inform the airline in question. Any verbal notification must be confirmed in writing to the airline as soon as possible. You must ensure you comply with the procedures and time limits imposed by airlines for notifying complaints and claims. See also clause 19 ”Airline Liability”. If your complaint or claim concerns the making of your booking in any respect, you must inform us or your travel agent as soon as possible so that we have an opportunity to remedy the situation where and as appropriate.
If you remain dissatisfied, you must write to us, or the airline / ATOL holder concerned (where we act as agent or ticket provider) within 28 days of the departure of the flight(s) concerned giving your booking reference and full details of your complaint or claim. For all complaints and claims against ExpertoItaly which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
Please note, where we sell a flight as agent or ticket provider, your contract is with the airline or ATOL holder concerned and not with ExpertoItaly. Our obligations are limited where we have a contract with you. We cannot therefore accept any liability for any complaint or claim which concerns the flight or other service provided by the airline or ATOL holder. Any assistance provided in resolving such a complaint is provided on a goodwill basis only.
19. Airline Liability
SPECIAL NOTE
All European Community air carriers are required by European Community legislation to provide the following notice in its prescribed form to their passengers. This notice is intended to summarise the principle liability provisions of the Montreal Convention 1999 and EC Regulation No. 889/2002 on air carrier liability in the event of accidents. However, it is not entirely accurate or complete. EC Regulation No 889/2002 specifically provides that this notice or summary cannot be used as a basis for a claim for compensation nor to interpret the provisions of Regulation 889/2002 or the Montreal Convention. A ’Community air carrier’ is an air carrier with a valid operating licence granted by an EU member state in accordance with the provisions of EC Regulation 2407/92.
Please ask or see the Terms and Conditions of the airline booked on your behalf, as
the airline’s conditions of carriage will apply to your booking (copy available on request).
Flights which we sell as agent for the airline or another ATOL holder or as ticket provider
You will have a contract for your confirmed flight(s) with the airline or the ATOL holder concerned as advised at the time of booking and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage and the ATOL holder’s conditions, if applicable, will apply to your contract (copies available on request). We are not a carrier, do not enter into a contract for carriage with you and have no liability for the flight itself or for the acts or omissions of the airline or any of its employees, agents, suppliers or sub-contractors or of the ATOL holder or any of its employees, agents, suppliers or sub-contractors.
In the event that we are found to have any liability on any basis in relation to a booking made with or thorough us, our maximum liability is in any event limited to a refund of the cost of the flight(s) in question.
21. Financial security
We hold ATOL No 1249 issued by the CAA. Where your contract for your confirmed flights is with us or with another ATOL holder, they are ATOL protected providing the person who pays us for the booking is in the UK when the booking is made or the first leg of your confirmed flight(s) departs from the UK. This means the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us / the ATOL holder concerned for an advance booking in the unlikely event of our / their insolvency.
For further information, visit the ATOL website at www.atol.org.uk. Where you have a contract with the airline, we will ensure you are covered by an insurance policy to protect you against the risk of the airline failing.
These Booking Conditions together with the Important Information contained within our website form the basis of your contract for all bookings of package holidays and accommodation only made with ExpertoItaly, (trading name of LAI Travel Ltd. company registration number 01383022, incorporated 9th August 1978) whose registered office is situated at 925,Finchley Road, London NW11 7PE.
The prices contained within this product and price guide are for guidance only. The price of your arrangements will be confirmed at the time of booking by your travel agent and may be different to the price appearing in our website. For training and quality purposes telephone calls may be recorded.
If you are booking a flight only booking different booking conditions will apply.
1. The meaning of the words used in these booking conditions
The following words have the following meanings (except where the context otherwise requires); “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “Party leader” means the person who makes the booking.
“ExpertoItaly”, “we”, “us” and “our” means LAI Travel Ltd. “Package” is within the meaning of The Package Travel, Package Holidays and Package Tours Regulations 1992. “Accommodation only” means any accommodation (of whatever type) which is arranged by us and does not form part of a package.
“Arrangements” means a package and/or accommodation only, as applicable. “Ticket(s)” means the document which, subject to compliance with all applicable requirements, will enable you to gain access to your flight. References to a “ticket” includes an e-ticket and any equivalent document. “Departure” means the commencement of your arrangements.
“ATOL” means the Air Travel Organisers Licence issued by the Civil Aviation Authority of which LAI Travel Ltd., trading as ExpertoItaly, is a holder under licence number No ATOL1249. Any booking made made 10 weeks or less before the departure date is considered a “late booking''.
2. Making your booking
All bookings must be made via email or telephone to our office located at 181a Kings Cross Road, London WC1X 9DB. The party leader must be at least 18 years of age and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking.
In making the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to us. The payments set under clause 5 (“Payment”) below must be made at the time of booking.
Your booking will be confirmed by the issue of a confirmation invoice subject to the availability of all component parts of your requested arrangements and payment for the components of your holiday. Your contract will come into existence as set out under clause 6 “Your contract”.
3. Your confirmation invoice / ticket / other paperwork
Please check your confirmation invoice, ticket and any other documentation you may receive in relation to your booking as soon as you receive it. You must contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later.
We regret we cannot accept any liability if we are not notified of any inaccuracy in any documentation within 7 days of it being sent to you. In the event that we are not notified of any changes within 7 days we will endeavour to rectify or arrange for the rectification of any inaccuracies, however you will be liable for any costs involved in doing so.
4. Payment
In order to confirm your chosen arrangements, a minimum non-refundable deposit of £100 per person must be paid at the time of booking if your booking is not a Late Booking. A higher deposit may be payable depending on the particular arrangements booked. In addition full payment for flights may be required at the time of booking. Full details of the applicable payment will be given to you at the time of booking. Please also see clause 7 “The cost of your arrangements”.
If you are not making a Late Booking the balance of the cost of your arrangements must be received by us no later than 8 weeks before departure. The balance due date will be shown on the confirmation invoice. Please note reminders are not sent. If we do not receive full payment (including any surcharge where applicable) by the deadline of 8 weeks before departure, your booking may be cancelled. In this case the cancellation charges set out in clause 11 “Cancellation by you” below will be payable.
If you make a booking with 8 weeks of departure, full payment must be made at the time of reservation.
5. Your contract
When your booking is confirmed as set out in clause 2 “Making your booking”, a legally binding contract between you and ExpertoItaly comes into existence. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us.
We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt by the Courts of England.
6. The cost of your arrangements
The prices contained within this product and price guide are for guidance only. Supplements/surcharges may be applicable for peak times including but not limited to bank holidays, special events and Christmas/New Year.
In order to guarantee the price of arrangements confirmed at the time of booking or any element of them (for example, any flight(s), you may be required to make full payment for the arrangements/element(s) concerned at the time of booking/prior to balance due date. If you fail to meet any such request, any increase(s) in the price will be passed on to you. However, we would like to draw your attention to the fact that it may not always be possible to guarantee the price by making payment as set out above in which case any increase(s) will be passed on as set out below.
Once the price of your arrangement(s) has been confirmed at the time of booking, then subject to the correction of errors we will only increase or decrease the price in the following circumstances.
Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at airports or in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if any increase in our costs exceeds 2% of the total cost of your arrangements (excluding any amendment charges) will we levy a surcharge. In the event that any surcharge is greater than 10% of the total cost of your arrangements (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase other arrangements from us as referred to in clause 12 “Changes and Cancellation by us”.
You have 14 days from the surcharge invoice issue date to tell us if you want to cancel or purchase other arrangements. If we do not hear from you within this time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of your arrangements or within 14 days of the surcharge invoice issue date, whichever is the later.
No surcharge will be levied within 30 days of your departure. No refunds will be payable if any decrease in our costs occurs within this period either. A refund will only be payable if any decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of such decrease.
7. Special requests, disabilities and medical conditions
If you have any special request, you must advise our travel consultants at the time of booking. We regret we cannot guarantee any request will be met unless we have specifically confirmed it in writing.
Confirmation that a special request has been noted is not confirmation that it will be provided. All special requests are subject to availability. Failure to meet any special request will not constitute a breach of contract.
If you or any member of your party has any disability or medical condition which may affect your arrangements, please provide us with full details at the time of booking so that we can advise as to the suitability of the chosen arrangements. If we/the airline/other supplier reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline the booking. In the event that full details are not given at the time of booking, we reserve the right to cancel the booking when we become aware of these details. Cancellation charges in accordance with clause 11 will apply.
8. Insurance
Adequate travel insurance is essential. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
9. Changes by you
Should you wish to make any changes to your confirmed arrangements, the party leader should notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests will be met. Where they can be met, a non refundable amendment fee of £50 per person will be payable together with any costs or charges incurred by ourselves or incurred or imposed by any airline or supplier.
Some suppliers/airlines and hotels, special fares/costs are in some cases non-refundable as soon as they are booked. In addition some suppliers/airlines may consider a name change or other change to an existing booking as a cancellation and rebooking with up to 100% cancellation charges payable by you. Please check at the time of booking.
If any member of your party is prevented from travelling, the person(s) concerned may be able to transfer their place to someone else for the accommodation and transfers only and not for the flight (unless permitted by the airlines booked on your behalf), providing we are notified not less than two weeks before departure. The request must be made in writing by the party leader and sent to us.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 per person must be paid before the transfer can be effected.
For flight inclusive packages, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, you will have to pay the full cost of an alternative flight (if available) if you wish to transfer after tickets have been issued. If you require an alternative flight then we must be notified in writing not less than two days before departure upon which we shall endeavour to secure an alternative flight.
10. Cancellation by you
Should you or any member of your party need to cancel your confirmed arrangements, the party leader must immediately notify us in writing. The following cancellation charges will be payable where you cancel or your booking is cancelled in accordance with these Booking Conditions. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost of the cancelled arrangements including any amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
Please note that where an outbound portion of your flight coupon is not used, the return sector will be automatically cancelled by the airline and will be classed as void. No automatic right to any refund exists for such part-used tickets.
(a) Package Holidays
Period before departure and cancellation charge
56 days or more = deposit only
55 - 29 days = the higher of 50% of the total cost or loss of deposit
28 - 15 days = the higher of 80% of the total cost or loss of deposit
14 days or less = the higher of 100% of the total cost or loss of deposit
(b) Accommodation Only
Period before departure and cancellation charge
56 days or more = deposit only
55 - 29 days = the higher of 60% of the total cost or loss of deposit
28 - 15 days = the higher of 80% of the total cost or loss of deposit
14 days or less = the higher of 100% of the total cost or loss of deposit
The cancellation charges as set out in paragraphs a) and b) above apply to all bookings except where a booking includes items or services where the supplier’s cancellation charges exceed those shown above. Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking.
In the event of cancellation by some but not all party members, additional charges may be payable (for example, where a twin or double room will only be occupied by one person). Any such additional charges must be paid at the time of cancellation or with the balance of the cost of the arrangements as advised.
(c) Other Travel Arrangements (apart from accommodation only)
If you need to cancel you must contact us. Cancellation charges vary depending upon the services booked and will be higher the later you cancel. In all cases a minimum cancellation fee of £50 will apply regardless of the value of the service cancelled. In some cases it may not be possible to offer any refunds for certain services such as air tickets once a booking has been made.
Please ensure that you are certain of the fees applicable to your booking by asking us before proceeding to book your arrangements. Air tickets returned to us for a refund are subject to an administration fee of £50 per ticket, irrespective of the number of tickets returned. Refunds will not be paid by us until they have been received by us from the relevant airline or consolidator.
11. Changes and cancellation by us
(a) Package Holidays. Arrangements are often made many months in advance. Occasionally, we, airlines and/or suppliers have to make changes to and correct errors in published and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will only cancel your confirmed booking 10 weeks or less before departure where you have failed to comply with any requirement of these booking conditions entitling us to cancel or where we are forced to do so as a result of circumstances outside our control or because an insufficient number of people have booked your chosen arrangements and we have notified you of this not less than 10 weeks before departure.
Most changes are minor. Occasionally, we have to make a significant change. Significant changes include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away; a change of outward departure time resulting in the overall length of time you are away being reduced by twenty four hours or more. For the avoidance of doubt this does not include delays at the airport on the day of departure; or a change of UK departure point to one which is substantially more inconvenient for you (except between airports within or around the same city for example London Gatwick and Stansted Airports).
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) accepting the changed arrangements; or
(b) purchasing alternative arrangements from us, of a similar standard to those originally booked if available. If the alternative is less expensive than the original arrangements, we will refund the difference. If the alternative is more expensive and the change occurs before we have received full payment for your booking we may ask you to pay the difference; or
(c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
In the unlikely event that after departure we are unable to provide a significant proportion of the services you have booked we will make alternative arrangements for you at no extra charge and if appropriate pay you compensation.
| Period before departure a significant change or cancellation is notified to you | Compensation per person (excluding infants) |
| 56 days or more 55 to 29 days 28 to 14 days 14 days or less |
Nil £10 £15 £20 |
(b) Other Arrangements. If your booking is classified as “other holiday arrangements” we will try and tell you of any changes before you go. The procedure in the event of a “significant change” is similar to that described above, however all elements of the holiday arrangements are treated separately rather than as a total, so whilst a refund would be possible for the accommodation the flight cancellation conditions apply. There is no recourse to any compensation for charges or cancellations when booking “other holiday arrangements”.
Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we cancel more than 10 weeks before departure because an insufficient number of people have booked your chosen arrangements, No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Bookings Conditions entitling us to cancel (such as paying on time) or where any change is a minor one.
12. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, ExpertoItaly, airlines and other suppliers will not be liable for any change, compensation, cancellation, effect on your holiday, loss, damage or expense of any nature or description you suffer or incur or failure to perform or properly perform any contractual obligation(s) which is due to any event(s) or circumstance(s) which ExpertoItaly, the airline or other supplier, as applicable, could not, even with all due care, foresee or avoid.
Such events may include but are not limited to war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, pandemics, systems failure and all similar events outside our control or that of the party concerned.
13. Flight information
The flight timings given on booking are for general guidance only and are subject to change. The latest flight times will be those shown on your tickets. You must accordingly check your tickets carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched. We advise you to contact us to reconfirm your outbound journey at least 72 hours prior to departure should there be a late flight change, and you are required to reconfirm your flights in accordance with the airline reconfirmation deadline.
We are not liable if there is any change to a departure or arrival time previously given to you or shown on your ticket. Please reconfirm your flights with the airline.
Please note that a flight described as “direct” will not necessarily be non-stop. Where a sector of a flight itinerary is not utilised without contacting the carrier directly, any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred.
14. Flight delay
Unfortunately, delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the airline concerned should provide refreshments when and where appropriate.
ExpertoItaly is not in a position to provide any assistance in the event of flight delay and cannot accept any liability except where expressly stated in these Booking Conditions.
15. Denied Boarding Regulations
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you as the full amount of your entitlement to any compensation or other payment is covered by the airlines obligations under these regulations. For further information you should contact the Air Transport Users’ Council www.auc.org.uk.
The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.
16. Our Liability to you
A. We promise to make sure that all services we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. This means, subject to these conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted 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 arranging, performing or providing, as applicable, the contracted service in question.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or any other loss of any description), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
(a) the act(s) or omission(s) of the person(s) affected or any member(s) of their party; or,
(b) the act(s) or omission(s) of a third party not connected with the provision of your holiday which we could have predicted or avoided; or,
(c) force majeure as defined in clause 13 above.
B. Please note, we cannot accept responsibility for any services which do not form part of our contract; for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you.
C. The promises we make to you about the services we have agreed to arrange, perform or provide 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 have been properly performed or provided. If the particular services which give rise to a 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 laws and regulations of the UK which would have applied had those services been provided in the UK.
D. Where any claim or part of a claim relates to any transport (including the process of getting on/off the transport) provided by any air, sea, rail or road carrier or any stay in an hotel, the maximum we will have to pay you in respect of that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable by the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, Athens Convention for international travel by sea, Warsaw Convention as amended or unamended the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Berne Convention for international travel by rail).
Where the carrier or hotelier would not be obliged to make any payment to you under the international convention or regulation in respect of a claim or part of a claim, we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available on request.
E. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which 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 cannot accept liability for any business losses.
17. Behaviour
If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
18. Complaints
In the unlikely event that you have any reason to complain about any arrangements whilst away, you must immediately inform the airline or supplier of the service(s) in question in order for them to have the opportunity to rectify the situation. Any verbal notification must be confirmed in writing to the airline/supplier as soon as possible.
If you remain dissatisfied, you must write to us, Customer Services, ExpertoItaly, 181a Kings Cross Road, London WC1X 9DB within 28 days of the end of your arrangements giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
19. Passports, visas and health requirements
It is your responsibility to ensure that you are in possession of all necessary and up-to-date travel and health documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation and/or provide personal details as may be required. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Those passengers with a non- British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. For European holidays you should obtain a completed and issued form EHIC prior to departure.
All passengers flying to or via the USA must have machine-readable passports. In order to comply with US regulations, airlines operating to the US are required to obtain certain information from passengers, including but not limited to country of residence, full address of your first night’s accommodation in the US, full name, date of birth, gender and if applicable redress number prior to the departure of the flight from the UK. Other destinations may also require this information.
20. Conditions of suppliers
The services which make up your arrangements are provided by independent suppliers. In the event that you book a flight only or accommodation only the suppliers own terms and conditions will apply. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.
21. Financial security
We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 1249). When you buy an ATOL protected air inclusive holiday from us you will receive a confirmation invoice confirming your arrangements and your protection under our ATOL. In the unlikely event of our insolvency the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking.
The air inclusive holidays we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at www.atol.org.uk.
22. Booking Condition Amendments and Right to Refuse Travel Arrangements
We reserve the right to add, withdraw and/or amend any of our bookings conditions at any time and without notice and furthermore reserve the right to refuse any booking.
Flight only bookings
The following booking conditions form the basis of all flight only bookings made with ExpertoItaly, trading name of LAI Travel Ltd.. Please read them carefully as they set out your rights and obligations.
These booking conditions do not apply to package or accommodation only bookings or to bookings of flights which form part of a package. Please see our brochures or request a copy of the conditions which apply to such bookings.
These booking conditions apply to the following types of flight only bookings
Flights which we sell as principal
Scheduled flights which we sell as principal under the cover of our ATOL 1249. You will have a contract with us in relation to the flight(s) which we agree to arrange in accordance with these booking conditions. Your confirmation invoice will confirm this. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract.
Flights which we sell as agent
Scheduled flights which we sell as agent for the airline concerned
You will have a contract for the flight(s) with the airline and not with us. Your confirmation invoice will confirm this. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract.
Scheduled flights which we sell as agent for another ATOL holder
You will have a contract in relation to the contracted flights with the ATOL holder concerned whose name and ATOL number will be confirmed at the time of booking and shown on your confirmation invoice. The relevant parts of these booking conditions together with the ATOL holder’s conditions and the airline’s conditions of carriage (copies available on request) will apply to your contract.
Flights which we sell as ticket provider
Scheduled flights where you receive a ticket or equivalent document when you make full payment at the time of booking. You will have a contract for the flight(s) with the airline and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage will apply to your contract. In return for payment, your ticket will be given to you straight away if booking in person or sent to you by first class or equivalent post no later than the following working day after payment is received.
1.The meaning of the words used in these booking conditions
In these booking conditions, the following words have the following meanings (except where the context otherwise requires):
“You”, “your” and “party members” means all passengers named on the booking who are intended to travel on the flight(s)(including anyone who is added or substituted at a later date) or, where the context requires, any of them.
“Party leader” means the person who makes the booking.
“ExpertoItaly”, “we”, “us” and “our” means LAI Travel Ltd. trading as ExpertoItaly.
“Package(s)” means the pre-arranged combination of at least two out of
(a) transport
(b) accommodation
(c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements where sold or offered for sale by us at an inclusive price and where the service lasts at least 24 hours or includes overnight accommodation. For the avoidance of doubt, the component parts must be booked with us in combination at the same time for a package to exist.
“Flight(s)” means any flight(s) booked with ExpertoItaly which is covered by these booking conditions
“Ticket(s)” means the document which, subject to compliance with all other applicable requirements, will enable you gain access to your flight. References to a “ticket” include an e-ticket and any equivalent document.
“Ticket provider” has the meaning set out in these booking conditions
“Departure” means the departure date of your flight or, if more than one, of the first flight on your booking to depart
“ATOL” means the Air Travel Organisers Licence held by LAI Travel Ltd. (No 1249)
2. Making your booking
All bookings must be made through us. The party leader must be at least 18 and must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking. In making the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these booking conditions. The party leader is responsible for making all payments due to us.
The payments set out under clause 4 “Payment” below must be made at the time of booking. Subject to the availability of your requested flights and receipt by your travel agent of all applicable payments, your booking will be confirmed by the issue of a confirmation invoice or, if you purchase flights which we sell as ticket provider, by the issue of your ticket. Your contract will come into existence as set out under clause 5 “Your contract”.
3. Your confirmation invoice / ticket / other paperwork
Please check your confirmation invoice, ticket and anything else you receive in relation to your booking carefully as soon as you receive it. Contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any error we have made in any document within 7 days of its being sent to you. We will endeavour to rectify or arrange for the rectification of any errors notified to your travel agent outside these time limits but you must meet any costs involved in doing so.
We have no responsibility for any errors in any documentation we did not issue. Please see clause 11 “Changes by you” if you wish to make any changes to your booking or to the information you provided to us at the time of booking.
4. Payment
In order to confirm your chosen flight(s), 100% of the flight price must be paid at the time of booking. Full details of the applicable payment will be given at the time of booking. Please also see clause 6 ’The cost of your flight(s)’.
If not paid in full at the time of booking, the balance of the cost of your flights must be received by us no later than by the specified time. This date will be shown on the confirmation invoice. Reminders are not sent.
If we do not receive all payments due (including any surcharge where applicable) in full and on time, your booking is likely to be cancelled. In this case the cancellation charges set out in clause 12 “Cancellation by you” below will be payable.
5. Your contract
When your booking is confirmed as set out in clause 2 “Making your booking”, a legally binding contract between you and ExpertoItaly or between you and the airline or between you and another ATOL holder depending on the flights booked will come into existence. Please see below for further details of the contract.
For all bookings, all parties agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises (except as set out below). All parties also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises must be dealt by the Courts of England and Wales only.
Flights which we sell as principal under the cover of our ATOL No 1249
You will have a contract with us for your confirmed flight(s) which will be protected by our ATOL No 1249 but our obligations under that contract are limited to reserving your flight with your confirmed airline (or a substitute) and providing you with a ticket. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract.
Flights which we sell as agent for the airline or another ATOL holder
You will have a contract for your confirmed flight(s) with the airline or the ATOL holder concerned as advised at the time of booking and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage and the ATOL holder’s conditions, if applicable, will apply to your contract (copies available on request).
Flights which we sell as ticket provider
You will have a contract for your confirmed flight(s) with the airline and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage (copy available on request) will apply to your contract
6. The cost of your flight(s)
You must check the price of your chosen flight(s) at the time of booking. We/airlines/other ATOL holders reserve the right to correct errors in advertised prices. If any error is apparent at the time of booking, you will be advised.
Depending on the fare, type of ticket and applicable conditions, the price of your confirmed flight(s) may increase after booking. Please enquire at the time of booking as to whether this will be the case for your booking.
7. Special requests, disabilities and medical conditions
If you have any special request, you must us at the time of booking. Although we will endeavour to pass any reasonable requests on to the airline, we regret we cannot guarantee any request will be met unless we or the airline have specifically confirmed it in writing. Failure to meet any special request will not otherwise be a breach of contract.
Confirmation that a special request has been noted or passed on or the inclusion of the special request on your confirmation invoice 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 disability or medical condition which may affect your flight arrangements, please provide us with full details so that we can advise accordingly. In any event, we must be given full details in writing at the time of booking.
8. Insurance
We consider adequate travel insurance to be essential. Travel insurance is widely available. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
9. Travel advice
For up to date travel advice from the UK government, please visit www.fco.gov.uk/knowbeforeyougo
10. Passports, visas and health requirements
It is your responsibility to ascertain and comply with all passport, visa and health requirements which apply to your flight / travel arrangements. These requirements may change and you must check the up to date position in good time before departure. A British passport presently takes approximately 2 to 6 weeks to obtain depending on whether you are renewing your passport or obtaining one for the first time but you should allow more time if possible.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and most Post Offices.
It is your responsibility to ensure that you are in possession of a valid passport and all necessary visas, travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any flight or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in any fines, surcharges, other financial penalty, expenses or other sums of any description being imposed on or incurred by ExpertoItaly, any airline or other ATOL holder, you will be responsible for reimbursing us / the airline / the other ATOL holder accordingly.
11. Changes by you
Should you wish to make any changes to your confirmed flight(s), you must notify us as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests can / will be met. Where they can be met, an amendment fee of £50 per person will be payable together with any costs or charges incurred by ourselves or incurred or imposed by any airline or other ATOL holder. Changes (including name changes) cannot be made in relation to certain fares or, generally, after tickets have been issued.
12. Cancellation by you
Should you or any member of your party need to cancel any confirmed flight(s), the party leader must immediately notify us. Your notice of cancellation will only be effective when it is received in writing by us.
Flights which we sell as agent or as ticket provider
The applicable cancellation charges of the airline or ATOL holder concerned will apply where you cancel or your booking is cancelled in accordance with these booking conditions (for example, where you fail to make payment as required). Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking. In addition, an administration fee of £50 per person will be payable.
13. Changes and cancellation by us / airlines / other ATOL holders
Flights which we sell as principal
Our obligations under our contract are limited to reserving your flight with your confirmed airline (or a substitute) and providing you with a ticket. We are not a carrier, do not enter into a contract for carriage with you and have no liability for the flight itself or for the acts / omissions of the airline or any of its employees, agents, suppliers or sub-contractors. We have no control over the airline or any cancellation of or changes to any flight by the airline. We have no choice but to reserve the right to make changes to and cancel confirmed flight bookings where the airline does so. We also reserve the right to change and correct errors in published or confirmed details of flights. Where we are advised of any change to or cancellation of your flight by the airline, we will advise you as soon as possible. Where applicable, we will offer you the options and/or compensation offered by the airline.
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, you may be entitled to claim compensation, a refund, re-routing and/or other assistance from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where this is the case, you must pursue the airline. Please also see clause 17 “Denied Boarding”. We are not an air carrier for the purposes of the Denied Boarding Regulations and have no liability to you in relation to any change or cancellation of any flight.
In the event of our being found liable in respect of any change or cancellation of any flight(s) on any basis, our liability will in any event be limited to a maximum of the cost of the flight(s) concerned. We will have no liability where any change or cancellation results from force majeure (see clause 14).
14. Force Majeure
Except where otherwise expressly stated in these booking conditions, ExpertoItaly, airlines and other ATOL holders will not be liable for any change, cancellation, affect on your flight(s) / holiday, loss, damage or expense of any nature or description or failure to perform or properly perform any contractual obligation(s) which is due to force majeure. In these booking conditions, force majeure means any event(s) or circumstance(s) which ExpertoItaly, the airline or other ATOL holder, as applicable, could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, system failures and all similar events outside the control of the party concerned.
15. Flight timings and EU operating ban
The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your invoice. However, the actual flight times will be those shown on your tickets. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched – we, or the airline will contact you as soon as possible if this occurs. We suggest you contact us or airline to confirm timings for your return flight two days before departure of that flight.
Any change of confirmed operating airline will be notified to you as soon as reasonably possible after we become aware of the change.
Any change in the identity of the operating airline, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to another flight without paying the normal applicable charges except where specified in these booking conditions or the conditions of carriage of the airline concerned.
If the airline with whom you have a confirmed reservation becomes subject to an operating ban , the airline concerned will offer you re-routing or a refund of the cost of the affected flight(s).
16. Flight delay
Unfortunately, delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the airline concerned should provide refreshments when and where appropriate. ExpertoItaly is not in a position to provide any assistance in the event of flight delay and cannot accept any liability except where expressly stated in these booking conditions.
17. Denied Boarding Regulations
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation, a refund, re-routing and/or other assistance against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation, refund, re-routing and/or other assistance due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment or remedy arising from such cancellation, delay, downgrading or denied boarding.
The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations.
If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk
18. Complaints
In the unlikely event that you have any reason to complain or make a claim about any flight(s), you must immediately inform the airline in question. Any verbal notification must be confirmed in writing to the airline as soon as possible. You must ensure you comply with the procedures and time limits imposed by airlines for notifying complaints and claims. See also clause 19 ”Airline Liability”. If your complaint or claim concerns the making of your booking in any respect, you must inform us or your travel agent as soon as possible so that we have an opportunity to remedy the situation where and as appropriate.
If you remain dissatisfied, you must write to us, or the airline / ATOL holder concerned (where we act as agent or ticket provider) within 28 days of the departure of the flight(s) concerned giving your booking reference and full details of your complaint or claim. For all complaints and claims against ExpertoItaly which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
Please note, where we sell a flight as agent or ticket provider, your contract is with the airline or ATOL holder concerned and not with ExpertoItaly. Our obligations are limited where we have a contract with you. We cannot therefore accept any liability for any complaint or claim which concerns the flight or other service provided by the airline or ATOL holder. Any assistance provided in resolving such a complaint is provided on a goodwill basis only.
19. Airline Liability
SPECIAL NOTE
All European Community air carriers are required by European Community legislation to provide the following notice in its prescribed form to their passengers. This notice is intended to summarise the principle liability provisions of the Montreal Convention 1999 and EC Regulation No. 889/2002 on air carrier liability in the event of accidents. However, it is not entirely accurate or complete. EC Regulation No 889/2002 specifically provides that this notice or summary cannot be used as a basis for a claim for compensation nor to interpret the provisions of Regulation 889/2002 or the Montreal Convention. A ’Community air carrier’ is an air carrier with a valid operating licence granted by an EU member state in accordance with the provisions of EC Regulation 2407/92.
Please ask or see the Terms and Conditions of the airline booked on your behalf, as
the airline’s conditions of carriage will apply to your booking (copy available on request).
Flights which we sell as agent for the airline or another ATOL holder or as ticket provider
You will have a contract for your confirmed flight(s) with the airline or the ATOL holder concerned as advised at the time of booking and not with us. The relevant parts of these booking conditions together with the airline’s conditions of carriage and the ATOL holder’s conditions, if applicable, will apply to your contract (copies available on request). We are not a carrier, do not enter into a contract for carriage with you and have no liability for the flight itself or for the acts or omissions of the airline or any of its employees, agents, suppliers or sub-contractors or of the ATOL holder or any of its employees, agents, suppliers or sub-contractors.
In the event that we are found to have any liability on any basis in relation to a booking made with or thorough us, our maximum liability is in any event limited to a refund of the cost of the flight(s) in question.
21. Financial security
We hold ATOL No 1249 issued by the CAA. Where your contract for your confirmed flights is with us or with another ATOL holder, they are ATOL protected providing the person who pays us for the booking is in the UK when the booking is made or the first leg of your confirmed flight(s) departs from the UK. This means the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us / the ATOL holder concerned for an advance booking in the unlikely event of our / their insolvency.
For further information, visit the ATOL website at www.atol.org.uk. Where you have a contract with the airline, we will ensure you are covered by an insurance policy to protect you against the risk of the airline failing.
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