SunWings Terms & Conditions
1. Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept and
do accept on behalf of your party the terms of these booking conditions. You are
also responsible for keeping everyone in the party informed of the booking details.
You must be at least 18 years old to make a booking with us. You must sign these
booking conditions at the time of making your booking. A contract will exist as
soon as we issue our confirmation invoice. You should check this carefully to confirm
that it matches what you booked. This contract is made on the terms of these booking
conditions, which are governed by English Law, and the jurisdiction of the English
Courts. You may however, choose the Law and jurisdiction of Scotland.
2. Financial protection
We are a member of ABTA, and we are fully bonded ATOL holder Number 6489 issued
by Civil Aviation Authority, which provide for your protection in the event of our
insolvency.
3. Your holiday price
When you make your booking you must pay a deposit of £75 per person (excluding infants)
plus any insurance premiums. The balance of the price of your travel arrangements
must be paid at least eight weeks before your departure date. If you do not, we
reserve the right to cancel your booking and ask you to pay cancellation charges
as set out in section 11. All payments made by credit card will incur a charge of
2.5% of the payment value. For debit cards there is a charge of £3 per booking.
If we extend the period for you to pay the final balance at your request and you
still fail to pay and cancel your booking, the cancellation charges will be increased
in accordance with the scales set out in section 11. All monies you pay to the travel
agent are held by him on your behalf at all times.
All brochure prices are quoted in pounds Sterling. The prices in this brochure apply
at the time of printing and may change before you make your booking. We reserve
the right to make such changes. We or your travel agent will be able to confirm
your holiday price before you complete the booking. Hotel prices are based on two
people sharing the accommodation. Apartments, studios and other similar accommodation
prices are based on the numbers shown on the appropriate page in the brochure.
4. If we change or cancel your holiday before you leave
We try to avoid making any changes to your holiday arrangements. However, we may
need to make changes as our holidays are planned many months beforehand. If we make
any changes before your booking, we or your travel agent will tell you before you
finish making the booking. Flight times shown in this brochure are for guidance
only and may change. The confirmed flight times will be shown on your travel documentation
which you should check carefully when you receive them. There may be some minor
changes made before you leave, and if so we will try to tell you before you leave
for your holiday.
Occasionally we may have to make major changes to your holiday. If this is the case,
we will always attempt to find you an alternative holiday of equivalent or superior
quality and we will pay you compensation according to the table in section 3.
Major changes may include the following. Please note that these are examples only
and there may be other changes which constitute major changes.
- We need to reduce your stay in the resort by over 12 hours.
- We have to change your accommodation to a lower * rating.
- We have to change your holiday to a different area of the same country.
If we make a major change, you may accept that change and receive compensation or
cancel your holiday and receive a full refund with compensation. The compensation
we will pay is shown in the scale below. However, in no case will we pay compensation
if the change is due to events listed in the important note below. Please note that
the figures quoted are by way of guidance only and may, in appropriate circumstances
be increased.
Period of notice we give to you or your travel agent and compensation for each full
fare paying customer.
More than 56 days - £0
43 to 56 days - £10
29 to 42 days - £20
15 to 28 days - £30
0 to 14 days - £40
Important note Compensation arrangements do not apply to major changes caused by
circumstances beyond our control such as war, threat of war, riots, civil strife
or terrorist activity, industrial disputes, natural or nuclear disasters, fire,
airports closures, bad weather conditions and similar events beyond our control.
5. Changes after the start of your holiday
Very occasionally we have to change your holiday arrangements after you arrive in
the resort. If we do this, we will try to place you in accommodation of the same
or higher standard in the same or a similar resort. We will pay you compensation
according to the scale shown in section 3. You will have the right to cancel your
holiday if the alternative offered by us is not acceptable to you for good reason.
In this event, you will have the right to be returned by the same means of transport
to your original departure point at no extra cost provided that transport is available
and where appropriate receive compensation. This does not impose an obligation on
us to make specific transport arrangements for you if none are available.
6. Our responsibility
We arrange contracts for accommodation and other arrangements through suppliers
who we have taken reasonable care to make sure have good reputations and run safe
and efficient businesses. We will monitor and control the performance of our suppliers
and judge their performance against the standards and customs in the country where
the services are provided. We will pay compensation if those suppliers fail to provide
the services they agreed to supply as part of the package originally sold to you
provided that this formed part of the package holiday originally sold to you. We
will accept liability for claims for personal injury arising as a result of our
staff and suppliers being negligent while in the course of their employment or contract.
We cannot accept liability in the following circumstances.
a If you or any member of your party is at fault.
b If the failure is the fault of someone else not connected with providing the services
which make up the holiday which we have confirmed to you.
c Any unusual or unexpected circumstances beyond our control, which we could not
have avoided even if we had used all care possible.
d Any event which we or the supplier of any service could not help, expect, or prevent.
We will offer prompt help to you if you suffer any difficulty while you are on holiday.
If, through no fault of your own you suffer illness, personal injury or death during
the period of your holiday arising out of an activity which is not part of the holiday
arrangement we will help sort out any claim you may have against anyone else. This
may include providing translation services, communicating with authorities and others
in foreign resorts and recommending foreign lawyers if this is appropriate. We will
not pay more than £5,000 for your booking. We cannot accept liability for any payment
unless you have told us within 90 days of the incident that you want to make a claim
and we have given our written permission. We may ask you to pay back any payment
we have made if you make a successful claim against the other person or you have
suitable legal indemnity insurance. If our suppliers can exclude or limit liability
under any international convention, we will rely on that exclusion or limitation.
Any compensation we pay for claims against us, other than compensation for personal
injuries, will not be more than three times the cost of your holiday.
7. Air and sea carriers
The liabilities of air and sea carriers are generally governed by the Montreal Convention,
Warsaw Convention, Hague Protocol or Athens Convention. We rely on the terms and
limitations contained in these conventions. Air and sea carriers produce conditions
of carriage which form part of your contract both with us and with the air and sea
carrier. You can get a copy of these conditions from your travel agent or from us.
You must keep to these conditions when you book your holiday
8. Flight delays
While we try to avoid flight delays, unfortunately they occasionally happen. If
there is a delay, we will try to reduce the discomfort you suffer by providing extra
services, meals and accommodation as shown below. We cannot accept any liability
for any payment you have to make unless we have given our permission beforehand.
These services depend on whether they are available, taking account of the time
of day and number of passengers. Airports overseas usually have fewer facilities.
If we are unable to provide those services for any reason, then we will pay compensation
for the non-delivery at the rate of: £3 for non-delivery of light refreshments,
£5 for non-delivery of a meal and further compensation if we are unable to provide
meals or accommodation for longer delays. It may be possible for you to make an
insurance claim for any flight delay.
Length of delay and extra services, meals and accommodation available.
Up to 3 hrs - None
3 to 6 hrs - Light refreshment for each passenger
6 to 9 hrs - One meal for each passenger
9 hrs+ - Meals and accommodation as appropriate for the time of day or night.
9. Accuracy of the brochure / Website
We will provide the facilities and services advertised in the brochure. If we or
our suppliers withdraw those facilities or services or limit them for any reason,
we will try to tell you and where appropriate pay you compensation. We cannot pay
any compensation for events which are outside our or our suppliers control. Outside
the peak season it is common for facilities and services to be less widely available,
both in your accommodation and in your holiday resort generally. We will do our
best to keep you informed of any changes of which we are aware. In the event that
a change is significant and we are unable to make you aware of it, we will, where
appropriate, compensate you for the absence of the relevant facility. If we know
about building work or other noise likely to affect your holiday arrangements we
aim to tell you before you leave. We cannot provide this advice on late bookings
or other holidays where accommodation
10. Surcharges
The price of your travel arrangements can be varied due to changes in: transportation
costs e.g. fuel, scheduled airfares and any other airline surcharges which are part
of the contract between airlines (and their agents) and the tour operator/organiser,
Government action such as increases in VAT or any other Government imposed increases,
currency in relation to adverse exchange rate variations.
In the case of any small variation, an amount equivalent to 2% of the price of your
travel arrangements, which excludes insurance premiums and any amendment charges,
will be absorbed or retained. For larger variations this 2% will still be absorbed
for increases but not retained from refunds. In either case there will be an administration
charge of £1.00 per person together with an amount to cover agents' commission.
If this means that you have to pay an increase of more than 10% of the price of
your travel arrangements, you may cancel your travel arrangements and receive a
full refund of all monies paid, except for any amendment charges. We will consider
an appropriate refund of insurance premiums paid if you can show that you are unable
to transfer or re-use your policy. Should you decide to cancel for this reason,
you must exercise your right to do so within 14 days from the issue date printed
on your final invoice. Whether you cancel or not you will also be entitled, on the
terms set out in respect of major changes in paragraph 3, to accept an offer of
alternative travel arrangements from us if we are able to do so and compensation
as set out. Please note that travel arrangements are not always purchased in local
currency and some apparent changes have no impact on the price of your travel due
to contractual and other protection in place.
11. If you want to cancel
If you want to cancel your booking after we have accepted it, the person who signed
your booking form must send signed instructions to us or your Travel Agent (if you
are sending this to us by post, we advise that you send this notice to us by recorded
delivery as we cannot be responsible for any notices sent to us and not received).
If you cancel your booking we will not refund any insurance premium you paid. We
will ask you to pay cancellation charges on the scale shown below. These charges
reflect our estimated loss as a result of dealing with your booking to the point
of cancellation and any other losses we may have to pay. You may be able to make
a claim under your travel insurance policy if your cancellation falls within the
conditions of the policy.
Please note that, on cancellation, any amendment fees which you have paid to date
will be lost.
Period before you leave within which we receive written notice and amount of cancellation
charge shown as a percentage of the total.
More than 56 days - Deposit only
43 to 56 days - 50% (or deposit if greater)
29 to 42 days - 75% (or deposit if greater)
15 to 28 days - 90% (or deposit if greater)
0 to 14 days - 100% (or deposit if greater)
12. If you want to change your booking
If you want to change your booking details in any way, we will try to help you,
although we cannot guarantee that we will be able to do this. We charge an amendment
fee of £15 for each person on the booking and for each item you want to change.
We will charge no more than £50 for any amendments made on the same day, this cap
does not apply to group bookings where we reserve the right to charge further amendment
fees, in appropriate circumstances. However, if you change within eight weeks of
departure, we may ask you to pay cancellation charges on the scale shown above.
Note that your total holiday price for all persons travelling on your booking is
calculated by reference to the number of persons sharing the accommodation, and
if your original booking has fulfilled the maximum occupancy requirements for the
accommodation a reduction in price will be reflected in your total holiday cost.
If the change you request reduces or increases the number of persons travelling
on your booking, then we reserve the right to recalculate the total holiday price
based on the revised number of persons sharing the accommodation, this recalculation
may increase or decrease your total holiday price where appropriate. You may also
lose any free child places.
You may not change from a holiday featured in any of our brochures to a 'late availability
Supersaver' or other special offer holiday. We cannot transfer insurance premiums.
Please note that at the time of booking you must provide the full names of all passengers
travelling as those names appear on the passengers' passports. This will be phonetically
checked with you, and any changes to names of passengers thereafter will also be
subject to amendment fees as above.
Airlines and other transport carriers do not allow seats to be transferred to another
person.
13. Insurance
It is a condition of booking with us that you take out our insurance, or another
policy offering the same or greater protection. The cost of medical and other treatment
overseas can be high, and if you do not have insurance, we will not be able to help
you pay those costs.
14. Behaviour
We can end your holiday if your behaviour or that of any member of your party is
likely in our opinion to cause distress, damage, danger to or to annoy our other
customers, employees, accommodation or anyone else. If you are prevented from travelling
because any person in authority thinks you appear to be unfit to travel or likely
to cause discomfort to or disturb other passengers, we will not be liable to complete
your holiday arrangements, and will not be liable for any refund, compensation or
any other costs you have to pay. We cannot accept liability for the behaviour of
others in your accommodation or flight, or if any facilities are removed as a result
of their action.
15. Travel documents
It is your responsibility to have valid travel documents. If we or your carrier
are fined as a result of you holding incorrect documents, we will ask you to pay
this amount.
16. Baggage
Liability for baggage while in the hands of air and sea carriers is governed by
the Montreal Convention, Warsaw Convention, Hague Protocol or Athens Convention.
We rely on the terms and limitations in these conventions. For claims for missing
or damaged baggage you must follow the rules either on the back of your ticket or
on the Conditions of Carriage provided by the airline which takes you on holiday
(see section 7). While we are in control of any baggage, we will accept liability
for it if you can prove negligence. We will only pay up to £500. We will not accept
liability for high-value items, which you should insure for the appropriate amount.
17. Special requests
We draw a distinction between special requirements which are items essential to
your holiday enjoyment and special requests. If you advise us of a special requirement
before you leave, we will do our utmost to honour that special requirement. If we
are unable to do so, we will where appropriate compensate you for any failure. Where
you make a special request we will pass this on to the supplier but we cannot guarantee
anything. If we cannot meet your special request we will not pay any compensation.
We will not always be able to tell you before you leave if we cannot meet your request
and we cannot accept special requests in relation to late availability or other
special offer holidays.
18. If you have a problem
If you have a problem when you are on holiday you must report this immediately to
our local representative who will try to prevent your holiday being spoilt. Unless
there is a valid reason why you failed to report your complaint to our local representative
we will not consider ourselves to be liable for those complaints. If we cannot sort
out your problem you should record it on a Customer Relations Report Form during
your holiday. If you wish to take your complaint further you should write to our
UK Customers Relations Department within 28 days of returning home. If you do not
do so, this may affect our ability to investigate complaints and may impact on the
way that your complaint is dealt with. Disputes arising out of or connected with
this contract which we cannot settle may be referred to arbitration under a special
scheme arranged by the Association of British Travel Agents. This scheme is managed
independently by the Chartered Institute of Arbitrators. The scheme provides a simple
and cheap arbitration service on documents alone. This scheme does not apply to
claims over £1000 for each person or £5000 for each booking form, or to those which
are only or mainly to do with physical injury or illness or the consequences of
any injury or illness. The rules of the scheme say that you must apply for arbitration
within nine months of the date you return from holiday, although in special circumstances,
it may still be offered outside this period. There may be occasions where at the
time of booking we agree to changes to the contract terms. Other than this, no travel
agent can change the terms of the contract which includes any statements appearing
in the brochure, including descriptions of any hotel or apartment without our specific
agreement.
19. Airlines & aircraft type
The flights referred to in this brochure are operated by a range of scheduled or
charter airlines, using wide or narrow body jet aircraft. It may not be possible
at the time of printing to specify the airline or type of aircraft: we reserve the
right to change airlines or aircraft types at any time and changes of this type
will not constitute a major change for these Booking Conditions. Please note: Flight
times are compiled many months in advance and are subject to alternation.At the
date of publication of this brochure the flights mentioned in it had been planned
but not fixed or licensed. Flight timings indicated are for guidance only and are
our best estimates, based on historical experience of airline flying programmes.
We will advise you of any major changes if they occur.
We reserve the right to substitute alternative carriers and/or aircraft types. Any
such alternation will not entitle you to cancel your booking except in accordance
with our booking terms and conditions. We therefore accept bookings on those flights
subject to their operation and grant licences by the appropriate Civil Aviation
Authorities.