BOOKING TERMS & CONDITIONS

IMPORTANT NOTICE: THESE TERMS FORM A LEGALLY BINDING CONTRACT. BY COMPLETING A BOOKING YOU ACCEPT ALL TERMS HEREIN.

These Booking Terms and Conditions (“Conditions”) govern all bookings made with Bookmyflights Ltd (registered in England and Wales), trading as www.bookmyflights.co.uk (“we”, “us”, “our”, “the Company”). “You” and “your” refer to the lead passenger and all persons on whose behalf the booking is made or to whom it is transferred. These Conditions, our Privacy Policy and all applicable supplier terms constitute the entire agreement between you and us and supersede all prior representations, statements or agreements, whether oral or written.

SECTION A — APPLICABLE TO ALL BOOKINGS

1. Formation of Contract

2.1  The lead passenger (“Lead Passenger”) confirms on behalf of all named passengers that he/she:

• has read, understood and unconditionally accepted these Conditions;

• is authorised by all named passengers to disclose their personal data to us and relevant suppliers, including special category data (health, disability, dietary);

• is 18 years of age or over; all party members meet any applicable age restrictions;

• accepts sole and full financial responsibility for all sums due under the booking;

• has independently verified all passport, visa and travel documentation requirements for all named passengers prior to booking and accepts that this is entirely their responsibility.

2.2  No contract exists until: (a) we accept your booking in writing; (b) cleared funds are received in full or as deposit; and (c) a written confirmation invoice is issued. We reserve the right to decline any booking at our absolute discretion and without liability.

2.3  All services are subject to availability. Prices and availability are not guaranteed until a booking is fully confirmed and ticketed.

2.4  You must check all confirmation documents immediately upon receipt and report any discrepancy to us in writing within 12 hours of receipt. To the fullest extent permitted by applicable law, we accept no liability for any error not reported within this period. All costs of correction arising from errors in information supplied by you are your sole and irrecoverable responsibility.

2.5  Passenger names must be entered exactly as they appear in the relevant passport. To the fullest extent permitted by applicable law, we accept no liability for any cost, loss, denied boarding or other consequence arising from name errors in information supplied by you. All correction costs are your sole responsibility.

Online Bookings

2.6  Online bookings are processed automatically. You are solely and entirely responsible for the accuracy of all information entered. We bear no responsibility for any error, mis-selection or inaccuracy and all resulting costs are your sole responsibility.

Telephone Bookings

2.7  A telephone booking is binding from the moment of verbal confirmation. Full payment may be required immediately. You must ensure any payment card used is your own, or that you hold express written authorisation from the cardholder.

3. Prices and Payment

3.1  The deposit stated at booking is due immediately. The balance is due by the date on the confirmation invoice. Failure to pay by the balance due date entitles us, without further notice, to treat your booking as cancelled and apply cancellation charges without liability to you.

3.2  Prices are subject to change until fully ticketed and paid. To the fullest extent permitted by applicable law, we accept no liability for any price increase before full payment and ticketing. You remain liable for all increases notified to you prior to ticketing.

3.3  Cheque payments require 7 working days to clear. We accept no responsibility for cash, cheques or payments sent by any postal or courier method.

3.4  Air tickets, once issued, are non-refundable, non-changeable and non-transferable. Ticket issuance constitutes your irrevocable acceptance of these restrictions and of the relevant airline’s fare rules. To the fullest extent permitted by applicable law, we accept no liability for any loss arising from these restrictions.

3.5  Irrevocable Booking Acceptance: Upon payment and/or ticket issuance, your booking becomes irrevocable and final. No cancellation, amendment, refund or credit is permitted except where expressly required by applicable law or permitted under the relevant Supplier/Principal’s fare rules. You waive any right to dispute, reverse or challenge such restrictions except as mandated by law.

3.6  Payment Disputes and Chargebacks: By completing a booking, you agree not to initiate any chargeback or payment dispute without first following the complaints procedure set out in Clause 12 of these Conditions. Where a chargeback is initiated without complying with this requirement, you agree that the booking confirmation, these Conditions and all evidence of acceptance shall constitute conclusive evidence of an authorised transaction and binding contractual agreement. We reserve the right to recover all costs, fees, bank charges and administrative expenses arising from any unjustified chargeback, and such amounts become immediately due and payable by you.

4.  Data Protection

4.1  We process personal data in accordance with UK GDPR and the Data Protection Act 2018, as set out in our Privacy Policy at www.bookmyflights.co.uk. By booking, all named passengers consent to processing and to international transfer of their data where required for fulfilment.

5. Passports, Visas and Entry Requirements

5.1  You are solely and entirely responsible for ensuring all party members hold: valid passports (minimum six months validity beyond the return date); all required visas; all other entry, transit and health documentation required by any carrier, destination or transit country. Requirements change without notice. Check current requirements with the relevant Embassy, Consulate and the FCDO at www.gov.uk/travelaware before booking and again before departure.

5.2  To the fullest extent permitted by applicable law, we accept no liability for any cost, loss, fine, denied boarding, denied entry, detention or deportation arising from failure to hold correct documentation. All costs and penalties incurred by us as a result of your non-compliance are recharged to you in full and are immediately payable. This obligation survives cancellation or return.

6.Health Requirements

6.1  You are solely responsible for all required and recommended vaccinations, health documentation and medical advice for all destinations and transit points. Consult a travel health professional at least 6 weeks before departure.

6.2  To the fullest extent permitted by applicable law, we accept no liability for any loss, denied boarding, or other consequence of your failure to comply with any health or inoculation requirement. All fines and costs incurred by us as a result are recharged to you in full.

7.Special Requests and Medical Conditions

7.1  Special requests must be notified at booking. We will endeavour to communicate them to suppliers but cannot guarantee fulfilment. Non-fulfilment of a special request does not constitute a breach of contract and confers no right to compensation, price reduction or cancellation.

7.2  We do not accept bookings conditional on any special request being met.

7.3  Any medical condition or disability must be disclosed in writing before booking. We may require a fitness-to-travel certificate. If we cannot accommodate the person concerned, we may decline or cancel without liability.

8.Passenger Conduct

8.1  You and all party members must comply with all laws, regulations and codes of conduct in all countries visited or transited.

8.2  If you or any party member behaves in a manner causing or likely to cause offence, distress, danger, annoyance or damage, we may terminate your travel arrangements immediately. No refund, compensation or alternative will be provided. All additional costs including repatriation are your sole responsibility.

8.3  You fully and unconditionally indemnify us against all claims, demands, costs, fines and expenses (including legal costs on a full indemnity basis) arising directly or indirectly from your conduct or that of any party member.

9.Compliance with Laws

9.1  You are solely responsible for compliance with all laws, customs regulations, drug laws and foreign exchange controls in all countries visited. We may cancel your booking immediately without refund or liability if you engage in illegal, unsafe or socially unacceptable conduct.

10.Travel Insurance

10.1  Comprehensive travel insurance is a mandatory, non-negotiable condition of your booking from the date of booking. Your policy must cover as a minimum: medical expenses and emergency repatriation (including air ambulance); personal accident; cancellation and curtailment (including communicable disease and pandemic); baggage and personal effects; and travel delay. We may request evidence of insurance at any time.

10.2  If you travel without adequate insurance, to the fullest extent permitted by applicable law, we accept no liability for any loss, cost or claim that would otherwise have been covered. You travel entirely at your own risk. We will not contribute to any uninsured loss. This applies without limitation to medical emergencies, trip cancellation, or loss of personal effects..

11.   Telephone Recording

11.1  Telephone calls may be recorded for training, quality and compliance purposes. Calling us constitutes consent to recording.

12.Complaints

12.1  Immediate reporting is a condition precedent to any claim. Any problem during travel must be reported immediately and directly to the relevant supplier (airline, hotel, ground handler, transfer operator) at the time it occurs, giving that supplier a reasonable opportunity to remedy it. Failure to report at the time will be treated as conclusive evidence that the problem either did not occur or did not materially affect your experience. No compensation or price reduction will be considered where this step has not been completed.

12.2  Post-travel claims: Any complaint not resolved during travel must be submitted to us in writing, by email from the registered booking email address to [email protected], within 14 days of your return date. Claims submitted outside this 14-day window will not be accepted to the fullest extent permitted by applicable law and all rights are permanently extinguished. Failure to comply with this requirement results in absolute and irreversible forfeiture of all rights to claim, to the fullest extent permitted by applicable law.

12.3  Evidence requirement: We will not consider any claim unsupported by contemporaneous documentary evidence including: written acknowledgement from the supplier at the time; photographs or video with date/time metadata; receipts; medical reports (where relevant); and written communications with the supplier. The burden of proof lies entirely with you. We are not obliged to investigate claims unsupported by such evidence.

12.4  Where we act as agent, your complaint must be directed to the Supplier/Principal. We have no obligation to investigate or respond to complaints that are properly the responsibility of a Supplier/Principal.

12.5  Submitting a complaint does not suspend your obligation to pay any outstanding sums due to us.

13.Arbitration

13.1  If a complaint reaches deadlock, you may refer it to the Bookmyflights Arbitration Scheme administered by Hunt ADR at https://travelarbitration.huntadr.com, subject to their rules. You retain the right to pursue proceedings in the Courts of England and Wales.

14.   Supplier Terms and International Conventions

14.1  All travel services are provided by independent suppliers under their own terms and conditions, which are incorporated into your booking. Supplier liability is further limited and/or excluded by applicable international conventions including the Montreal Convention (air carriage), Athens Convention (sea carriage), Berne Convention (rail carriage) and the COTIF. These conventions impose strict monetary caps on supplier liability. We are not responsible for any limitation or exclusion of liability under such conventions or supplier terms.

14.2  Where a supplier’s liability is capped or excluded by an international convention or their own terms, you acknowledge that your remedy, if any, lies against that supplier under their terms and the applicable convention, and not against us.

15.Construction and Maintenance

15.1  Construction, refurbishment or maintenance may occur at or near any accommodation at any time. We have no control over third-party works and, to the fullest extent permitted by applicable law, accept no liability for any disruption, noise or inconvenience. No price reduction or compensation is payable by us in respect of such works.

16.Governing Law and Jurisdiction

16.1  These Conditions and all contracts to which they apply are governed exclusively by English law. All disputes are subject to the exclusive jurisdiction of the Courts of England and Wales. Residents of Scotland or Northern Ireland may elect the law and courts of their country of residence.

17.Flights and Schedules

17.1  A “direct” flight is not necessarily non-stop. All times are estimates provided by airlines and are subject to change. To the fullest extent permitted by applicable law, we accept no liability for delays, diversions, missed connections or any other consequence of schedule changes, regardless of cause or duration.

17.2  If any sector of a multi-sector itinerary is not utilised without prior written notification to and acceptance by the carrier, the carrier may without notice cancel all remaining sectors. To the fullest extent permitted by applicable law, we accept no liability for any costs, losses or disruption arising from such cancellation. You are solely responsible for compliance with all carrier conditions of carriage.

17.3  We make no guarantee as to aircraft type, airline, routing, seat availability or departure time. All operational details are subject to change without liability.

18.Flight Reconfirmation 

18.1  You must reconfirm all flights (outbound and return) directly with us or the relevant airline at least 72 hours before each scheduled departure. To the fullest extent permitted by applicable law, we accept no liability for missed flights, denied boarding, additional costs or any other consequence of your failure to reconfirm. The reconfirmation obligation rests entirely and irrevocably with you.

19.Travel Documents

19.1  Travel documents will be dispatched by email only to the address registered at booking. You must check all documents immediately on receipt and report any discrepancy to us in writing within 12 hours. To the fullest extent permitted by applicable law, we accept no liability for any error not reported within this period.

19.2  Documents will not be issued until full cleared payment is received. Postal or courier dispatch is at our discretion and at your cost.

19.3  Loss, damage or non-receipt of travel documents: all costs of reissuing or replacing documents are your sole responsibility. We may charge an administration fee for reissue.

20.E-Tickets

20.1  Where e-tickets are issued, a paper ticket may be requested where available, subject to an administration fee of £10 per ticket plus any applicable airline charge. To the fullest extent permitted by applicable law, we accept no liability for e-ticket delivery failures caused by your email provider, spam filters or incorrect email address.

21. Airline Ticket Refunds

21.1  There is no automatic right to a refund on any air ticket. All refund eligibility is determined solely by the relevant airline’s or consolidator’s fare rules. We will submit your request on your behalf but, to the fullest extent permitted by applicable law, accept no liability for the outcome of any airline’s or consolidator’s decision.

21.2  A per-ticket administration fee applies to all refund and tax-refund applications, irrespective of outcome. Where any recoverable amount (including taxes) is less than our administration fee, the ticket is deemed fully non-refundable. To the fullest extent permitted by applicable law, we accept no liability for this outcome and will not waive the administration fee.

22. Airline Cancellations and Schedule Changes

22.1  Airline cancellations and schedule changes are the sole responsibility of the relevant airline. Your rights, if any, are governed by the airline’s conditions of carriage and UK Retained Regulation (EC) 261/2004, enforceable against the airline directly. We are not liable under that regulation.

22.2  To the fullest extent permitted by applicable law, we accept no liability for any costs, losses, disruption or consequential loss arising from any airline cancellation, delay or schedule change, regardless of cause or notice period. Our sole obligation is to communicate changes notified to us by the airline.

22.3  Where you fail to pursue the airline directly and seek redress from us, you irrevocably assign to us all rights against the airline at the point of any payment made by us.

23.Departure Taxes and Airport Charges

23.1  Not all departure taxes, airport charges or government levies can be included in ticket prices. Where charges must be paid locally, you are solely responsible. Locally paid charges are non-refundable by us to the fullest extent permitted by applicable law.

24.Force Majeure — Comprehensive Exclusion

24.1  We will not be liable, and will not pay any compensation, refund (beyond amounts recoverable directly from suppliers) or damages, in respect of any failure, delay, cancellation, curtailment or change caused directly or indirectly by a Force Majeure Event. Force Majeure means any event or circumstance beyond our or our suppliers’ reasonable control that could not have been avoided by the exercise of all due care, including without limitation:

• Acts of war, armed conflict, invasion, hostilities, terrorism, sabotage, threat of terrorism, civil war or insurrection;

• Epidemic, pandemic, outbreak of infectious or communicable disease, public health emergency, quarantine measures, or government public health restrictions or directions;

• Natural disaster, including earthquake, flood, tsunami, hurricane, tornado, volcanic eruption, landslide, wildfire or extreme weather rendering travel unsafe or impossible;

• Industrial action, labour dispute, strike, lockout or go-slow (whether or not involving our employees or those of any supplier);

• Government action, regulatory restriction, prohibition, sanctions, border closure, travel ban or intervention by any national, local or international authority;

• Nuclear, chemical or biological incident or contamination;

• Fire, explosion or structural failure at any transport hub, accommodation or associated facility;

• Cyberattack, critical infrastructure failure, power outage or communications failure affecting operations;

• Closure or significant restriction of airports, ports, roads or railways;

• Any other extraordinary, unavoidable and unforeseeable event beyond our reasonable control.

24.2  In a Force Majeure Event we will use commercially reasonable endeavours to notify you and, where possible, minimise disruption. To the fullest extent permitted by applicable law, we accept no liability for additional costs (accommodation, transport, meals, repatriation or otherwise) however incurred as a result.

24.3  Where a refund is due following a Force Majeure Event, it will be limited to amounts actually recovered by us from the relevant Supplier/Principal on your behalf, less any non-recoverable costs and our administration fee.

SECTION B — PACKAGE HOLIDAYS

This Section B applies in addition to Section A only where your booking constitutes a Package Holiday as defined at clause 25. It does not apply to Single Component bookings.

25.Definition of a Package

25.1  A Package Holiday exists where you book at least two of the following for the same trip, selected before agreeing to pay or advertised/sold at an inclusive price: (a) transport; (b) accommodation; (c) vehicle rental; (d) other tourist services accounting for at least 25% of the total value and representing an essential feature. Where your booking does not meet this definition it is treated as a Single Component booking under Section C.

26.ATOL Financial Protection

26.1 ATOL financial protection for such bookings is provided by and through the ATOL licence of the relevant Supplier/Principal.

27.Package Price Variation

27.1  Package prices are calculated using exchange rates at www.xe.com on the invoice date.

27.2  We may vary the confirmed price solely to reflect changes in: (a) transport fuel or power costs; (b) third-party taxes, airport charges or embarkation fees; (c) exchange rates.

27.3  If an increase exceeds 8% of the total confirmed Package price (excluding insurance and fees), you may: (a) accept the increase; (b) accept a comparable alternative Package at no extra cost, if available; (c) accept a lower-standard alternative with a price difference refund; or (d) cancel for a full refund of recoverable amounts. You must notify your choice within 5 days of our notification. Silence constitutes acceptance of the increase.

28.Amendments by You

28.1 All amendment requests must be in writing from the registered email address to [email protected]. An administration fee of £250 per person applies plus all supplier charges, which may be up to 100% of the booking cost. Airlines treat name changes as cancellation and rebooking; 100% airfare cancellation charges are standard and are your sole responsibility.

28.2  Insurance premiums, administration fees and supplier amendment charges are non-refundable to the fullest extent permitted by applicable law, including where the amendment is caused by our error.

29.   Cancellation by You

29.1  All cancellation requests must be in writing from the registered email address. Cancellation takes effect on the date and time we receive the written request. The following charges apply from the date of booking:

• More than 84 days before departure: deposit forfeited — non-refundable

• 57–83 days: deposit forfeited — non-refundable

• 29–56 days: deposit forfeited — non-refundable

• 15–28 days: deposit forfeited — non-refundable

• 0–14 days: 100% of total holiday cost — no refund payable

29.2  Air tickets are non-refundable, non-changeable and non-transferable once issued, regardless of the reason for cancellation, including illness, bereavement or Force Majeure. No exceptions will be made.

29.3  Where a partial party cancels, the remaining passengers are immediately liable for any applicable underoccupancy supplements, single room supplements or price re-calculation at the then-current rate.

29.4  Cancellation Without Penalty — Extraordinary Circumstances: You may cancel without a cancellation charge only where all of the following conditions are met simultaneously: (a) unavoidable and extraordinary circumstances at or in the immediate vicinity of the destination are officially recognised; (b) the FCDO has issued advice against all (not all but essential) travel to that specific destination; (c) the circumstances directly and materially affect the performance of your Package; and (d) you provide written evidence of (a), (b) and (c) to us within 48 hours of the relevant FCDO advisory being published. The burden of establishing entitlement rests entirely and solely with you. Airfare elements remain subject to the airline’s fare rules regardless of FCDO advice, and are not covered by this provision. To the fullest extent permitted by applicable law, we accept no liability for any FCDO advisory issued after your ticket has been issued.

30.Changes and Cancellation by Us

30.1  Insignificant changes may be made at any time without liability or compensation. Examples include: flight time changes of up to 12 hours; aircraft type changes; carrier changes; accommodation changes to equivalent or higher standard; minor itinerary adjustments.

30.2  Where we make a significant change before departure, we will notify you and offer: (a) accept the change; (b) a comparable alternative Package at no extra cost, if available; (c) a lower-standard alternative with a price difference refund; or (d) cancellation with a full refund of recoverable amounts. You must respond within 5 days. Silence constitutes acceptance.

30.3  Compensation — Significant Changes Only (payable solely where you cancel under 30.2(d) and no Force Majeure Event applies and change is notified within 70 days of departure):

• Notified 43–70 days before departure: £5 per person

• Notified 28–42 days before departure: £10 per person

• Notified 14–27 days before departure: £15 per person

• Notified 0–13 days before departure: £20 per person

30.4  No compensation is payable where: the change is insignificant; the change results wholly or partly from a Force Majeure Event; the change is notified more than 70 days before departure; you accept the changed arrangements or any alternative; the change results from non-payment or your own default; or the change is caused by a Supplier/Principal acting independently of our instructions. These figures are the maximum payable and are not subject to judicial uplift except as required by statute that cannot be excluded.

31.Package Holidays

31.1  As Package Organiser under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), we accept responsibility for the proper performance of contracted services, subject to the following limitations, which represent the maximum permitted by English law.

31.2  We will not be liable for any failure or improper performance that is: (a) attributable to you or any party member; (b) attributable to an unconnected third party unrelated to the contracted services; (c) caused wholly or partly by a Force Majeure Event; (d) caused by your failure to follow our advice, FCDO advice, airline instructions or applicable laws; (e) caused by your failure to hold adequate insurance; or (f) caused by your failure to comply with any obligation under these Conditions.

31.3  Our maximum aggregate liability for all claims under any Package booking is strictly limited to the price paid for the Package by the directly affected passenger(s) only, excluding insurance premiums, amendment fees and administration charges. This cap applies to all causes of action combined and cannot be exceeded regardless of the nature or gravity of the claim (other than as required by statute).

31.4  Claims for loss of enjoyment, distress, disappointment, inconvenience or psychological impact are capped at a maximum of £50 per person per booking in aggregate. We will not pay any sum above this figure to the fullest extent permitted by applicable law.

31.5  We are not liable to the fullest extent permitted by applicable law for: indirect, consequential, special or punitive losses; loss of profit, revenue, business or opportunity; losses not directly and solely caused by our own proven negligence; losses that adequate travel insurance would have covered; losses arising from a Supplier/Principal’s acts or omissions; or losses for which you have failed to mitigate.

31.6  You must notify any failure to perform or improper performance to us and the relevant supplier immediately during travel and in writing to [email protected] within 14 days of return. Failure to comply with both notification requirements permanently extinguishes all entitlement to compensation or price reduction.

31.7  You must mitigate all losses at all times. Where any payment is made by us, you irrevocably assign to us all rights against any third party responsible for the loss and must cooperate fully and at your own cost with any recovery action we take.

31.8  Nothing in these Conditions excludes our liability for death or personal injury caused directly by our own proven negligence, fraudulent misrepresentation, or any other liability incapable of exclusion under English law. In all other respects, liability is excluded or capped to the fullest extent permitted.

32.Missed Transport and Delays

32.1  If you miss, are denied boarding for, or experience a delay to any transport arrangement for any reason, you must contact us and the relevant carrier immediately.

32.2  Rights against airlines for denied boarding, cancellation or delay are governed by UK Retained Regulation (EC) 261/2004, enforceable against the airline directly. We are not a liable party under that regulation. Where you fail to pursue the airline and seek redress from us, you irrevocably assign to us all rights against the airline at the point of any payment by us.

32.3  We are not liable for any additional costs, losses or disruption arising from flight delays, cancellations, diversions or missed connections regardless of cause, duration or impact on your onward arrangements.

 SECTION C SINGLE COMPONENT BOOKINGS

This Section C applies in addition to Section A where we act solely as booking agent for a Supplier/Principal. Section B does not apply. Single Component bookings do not benefit from the PTRs.

33.Our Role

33.1  For Single Component bookings, Bookmyflights Ltd acts solely, exclusively and irrevocably as booking agent for the relevant Supplier/Principal. The contract for the travel service is between you and the Supplier/Principal exclusively. We are not a party to that contract and accept no responsibility whatsoever for: the acts, omissions, negligence, breach of contract, insolvency or default of any Supplier/Principal; the quality, safety, fitness, accuracy of description or any other characteristic of services provided by any Supplier/Principal; any change, cancellation, failure to perform or improper performance by any Supplier/Principal; or any loss, damage, injury or inconvenience caused directly or indirectly by any Supplier/Principal.

33.2  Our entire obligation is limited to communicating your booking instructions to the Supplier/Principal accurately and issuing confirmation documents received from the Supplier/Principal. We accept no responsibility for information about arrangements passed to you in good faith from suppliers.

33.3  Maximum Liability: In the event that we are found liable to you on any basis whatsoever in respect of a Single Component booking (which we expressly do not accept), our maximum aggregate liability is strictly limited to the lesser of: (a) the administration fee actually paid by you to us for that specific booking; or (b) £100 per booking. This cap applies to all causes of action combined. Nothing herein excludes liability for death or personal injury caused solely and directly by our own proven negligence in the booking process.

35. Monies Held as Agent

35.1  All monies paid for Single Component bookings are held by us on behalf of the Supplier/Principal and disbursed in accordance with our agency agreement. We are not liable for the insolvency, default, ceasing to trade or financial failure of any Supplier/Principal.

36. Amendments and Cancellations

36.1 All amendment or cancellation requests must be in writing from the registered booking email address to [email protected]. Requests take effect on the date and time we receive them. Written confirmation of any change must be obtained and verified by you before travel.

36.2  Amendments and cancellations are governed solely by the Supplier/Principal’s terms and conditions, which may impose charges of up to 100% of the booking cost from the date of booking. An administration fee of £250 per person per booking applies to all amendments and cancellations, in addition to all supplier charges. This fee is non-refundable.

36.3  Air tickets are non-refundable, non-changeable and non-transferable once issued. Refund eligibility, if any, is determined solely by the relevant airline’s or consolidator’s fare rules. To the fullest extent permitted by applicable law, we accept no liability for any airline’s or consolidator’s decision. We will not compensate you for any non-refundable amount to the fullest extent permitted by applicable law.

37. Supplier Changes and Cancellations

37.1  We will notify you of supplier changes or cancellations as soon as reasonably practicable after being informed by the supplier. If alternatives or a refund are offered, you must respond within 5 days. Failure to respond will be treated as acceptance of a full refund where offered.

37.2  To the fullest extent permitted by applicable law, we accept no liability for any change, cancellation, failure to perform or improper performance by any Supplier/Principal. Your sole remedy is against the Supplier/Principal under your contract with them.

38. Excursions and Third-Party Activities

38.1  Any excursion, tour or activity booked independently forms no part of your contract with us. Your contract is solely with the operator. To the fullest extent permitted by applicable law, we accept no liability for any excursion or activity or for any loss, injury or damage arising from it.

GENERAL PROVISIONS

39. General Liability Exclusions and Cap

39.1  To the fullest extent permitted by applicable law, we exclude all liability for: indirect, consequential, special or punitive losses; loss of enjoyment (beyond any specific cap stated above); loss of profit, revenue or business; losses arising from third-party acts or omissions; losses that adequate travel insurance would have covered; losses arising from your failure to comply with any obligation under these Conditions; and losses arising from inaccurate, incomplete or misleading information provided by you.

39.2  Our total aggregate liability under these Conditions to any one passenger, under all claims of whatever nature arising from the same booking, shall not in any event exceed the price paid by that passenger for their portion of the booking (excluding insurance premiums, fees and charges), regardless of the cause of action, including negligence, breach of contract or otherwise. This is an absolute cap and applies to the fullest extent permitted by applicable law.

39.3  Nothing in these Conditions affects statutory rights that cannot lawfully be excluded or restricted under UK law.

39.4  No Reliance: You confirm that in entering into this contract you have not relied on any representation, statement, promise, assurance or warranty not expressly set out in these Conditions, whether made orally, in writing, on our website, in marketing materials or otherwise. To the fullest extent permitted by applicable law, we accept no liability for any such representation, statement or assurance. This clause does not exclude liability for fraudulent misrepresentation.

39.5PriorityofTerms:In the event of any conflict between these Conditions and any other communication, these Conditions shall prevail.

40.Entire Agreement

40.1  These Conditions, your confirmation invoice, our Privacy Policy and applicable supplier terms constitute the entire agreement. No prior or collateral representation, warranty, undertaking or statement not expressly set out herein is binding on us.

41.Severability

41.1  If any provision is held invalid, unlawful or unenforceable, it shall be severed to the minimum extent necessary and all remaining provisions continue in full force.

42.Waiver

42.1 Failure to enforce any provision at any time does not constitute a waiver of that provision or our right to enforce it at any future time.

43. Assignment

43.1  You may not assign or transfer any booking or rights without our prior written consent. We may assign our rights and obligations to any successor entity without notice to you.

44. Third Party Rights

44.1  These Conditions confer no rights on any third party under the Contracts (Rights of Third Parties) Act 1999, except where expressly stated.

45. Notices

45.1  All written communications, complaints, cancellation requests and amendment requests to us must be sent to [email protected] from the email address registered at the time of booking. Communications from unregistered addresses will not be processed and will not constitute valid notice. Verbal communications do not constitute written notice. Any communication not sent from the registered booking email address shall be deemed invalid, non-binding and not received for the purposes of notice, instruction, complaint or any contractual requirement under these Conditions.

MANIFEST PRICING ERRORS

If a booking, quotation or advertised price is clearly and obviously incorrect because of a technical malfunction, human error, exchange rate error, supplier error or system failure which a reasonable person would recognise as an obvious mistake, we reserve the right to cancel or refuse the booking before ticket issuance and refund all monies paid.

No contract is formed based upon an obvious pricing error.

FRAUDULENT BOOKINGS

Fraud Prevention

We reserve the right to refuse, suspend, cancel or delay any booking where we reasonably believe:

• fraud has occurred;

•false information has been supplied;

•stolen payment details have been used;

• identity cannot be verified;

• the booking presents an unacceptable fraud risk.

Any refund may be withheld until all investigations have been completed.

IDENTITY VERIFICATION

Identity Verification

We may request:

• passport copies;

• driving licence;

• proof of address;

• payment card verification;

• selfie verification;

• bank verification;

• any other reasonable evidence necessary to verify identity.

Failure to provide requested verification may result in cancellation.

Payment Processing

Payments are processed using independent payment service providers.

We are not responsible for:

• banking outages;

• payment gateway failures;

• internet interruptions;

• banking delays;

• card issuer declines;

•duplicate authorisations pending release by your bank.

DUPLICATE PAYMENTS

Duplicate Transactions

Where duplicate payments occur because of technical failure, banking delays or payment processing errors, we will investigate the matter and arrange any refund due after reconciliation with our payment provider.

Pending authorisations are controlled solely by the issuing bank.

CARDHOLDER VERIFICATION

Card Security

For fraud prevention we may require additional card verification before issuing tickets.

Failure to complete requested verification may result in cancellation.

CHARGEBACK PROCEDURE

Payment Disputes

Nothing in these Conditions limits any statutory rights available under applicable law.

Before initiating any payment dispute or Chargeback, we request that you first contact us so we may investigate and attempt to resolve the issue promptly.

Where a Chargeback is initiated, we may provide our acquiring bank with booking confirmations, recordings, correspondence, IP logs, payment records and other evidence demonstrating the transaction.

If a Chargeback is found by the card scheme or a court to have been fraudulent, abusive or otherwise unjustified, we reserve the right to recover our reasonable costs and losses to the extent permitted by law.

AML & SANCTIONS

Sanctions and Compliance

We reserve the right to refuse, suspend or cancel any booking where necessary to comply with:

• UK sanctions;

• international sanctions;

• anti-money laundering legislation;

• anti-terrorism legislation;

• financial crime regulations;

• regulatory directions.

We shall not be liable for delays or cancellations arising from compliance with legal obligations.

AIRLINE ADM

Airline Debit Memos

Where an airline issues an Agency Debit Memo (ADM) arising directly or indirectly from incorrect information supplied by you, your actions, omissions or instructions, you agree to reimburse us for all resulting losses, charges, penalties, administration costs and expenses reasonably incurred.

SUPPLIER INSOLVENCY

Supplier Insolvency

Where a Supplier becomes insolvent, administration, liquidation or ceases trading:

• your rights shall be determined by applicable law;

• any applicable ATOL protection;

• supplier financial protection;

• your travel insurance.

Where we act solely as agent, we are not responsible for supplier insolvency except where liability cannot lawfully be excluded.

WEBSITE DISCLAIMER

Website Availability

We do not guarantee uninterrupted availability of our Website.

Temporary interruption may occur due to:

• maintenance;

• software updates;

• cyber incidents;

• telecommunications failures;

• supplier outages;

• events beyond our control.

We may suspend or withdraw access without notice where reasonably necessary.

DYNAMIC PRICING

Dynamic Pricing

Travel prices are dynamic and may change at any time before ticket issuance due to supplier inventory, exchange rates, taxes, airline availability or market demand.

Displayed prices do not constitute an offer capable of acceptance until confirmed by us.

AI / SYSTEM ERRORS

Automated Systems

We use automated pricing, search, booking and fraud detection systems.

Where any automated system generates incorrect pricing, availability, routing, taxes, passenger details or confirmations due to technical malfunction, we reserve the right to correct the error before ticket issuance.

ELECTRONIC CONTRACTS

Electronic Communications

You agree that:

• electronic communications satisfy any legal requirement for writing;

• electronic acceptance creates a legally binding contract;

• digital signatures and electronic acknowledgements are valid evidence of agreement.

GDPR

Data Protection Roles

Where we determine the purposes and means of processing your personal data we act as Data Controller.

Where we process data solely on behalf of a Supplier we may act as Data Processor.

Personal data may be shared where reasonably necessary for booking fulfilment, fraud prevention, legal compliance or regulatory obligations.

INTELLECTUAL PROPERTY

Intellectual Property

All Website content including:

• logos;

•branding;

•software;

•booking engine;

•graphics;

•databases;

•text;

•pricing presentation;

•source code;

•design;

•marketing materials

belongs to us or our licensors.

No part may be copied, reproduced, reverse engineered, distributed or commercially exploited without prior written permission.

WEBSITE USE

Acceptable Use

You agree not to:

•scrape the Website;

•use automated bots;

•harvest pricing;

•reverse engineer systems;

•interfere with Website operation;

•attempt unauthorised access;

•misuse quotation systems;

•reproduce our content.

We may suspend access without notice where misuse is suspected.

CYBER INCIDENTS

Cyber Security

We shall not be liable for delays, interruptions or losses caused by:

•ransomware;

•hacking;

•denial-of-service attacks;

•malware;

•internet outages;

•telecommunications failures;

•cloud provider outages;

•cybersecurity incidents affecting us or our Suppliers.

46.Variation

46.1  We reserve the right to amend these Conditions at any time without prior notice. The version published on our website on the date your booking is confirmed governs your booking.

Bookmyflights  •www.bookmyflights.co.uk  • 02030040566 •[email protected]