You will have the opportunity to see certain cancellation charges at the time of booking and copies of all suppliers’ terms and conditions relating to your booking are available on request at any time. For example if you have included car hire as a component in your package holiday there are both additional terms and cancellation charges, they are detailed in clause 16 below. In addition if you have booked a tour and/or an excursion the cancellation charges (imposed upon us by our suppliers) are likely to be 100%.
If you have taken out holiday
insurance and the reason you are cancelling is covered by that insurance, you
should be able to obtain payment of these cancellation charges (after deducting
any part of the claim which the insurance company insists you pay) from your insurance
company. You must pay the cancellation charges first. Please make sure you get
written confirmation of your cancellation from us - this proves we have received
your cancellation and you will need it to make a claim on your insurance.
When you create your own air package holiday on lastminute.com website, your money is protected in the unlikely event of our insolvency, since we hold an Air Travel Organiser's Licence granted by CAA. £2.50 per person of the cost of your air holiday package is paid to CAA to provide ATOL Protection for you. If you decide to cancel your booking with us, you will be still liable to pay this fee.
8. The Company's Liability to you
We accept liability for matters which arise as a result of our negligence and/or
breach of our contractual duty to exercise care in making arrangements for you,
including any acts or omissions by our employees or agentsWe also accept liability
for any negligent act or omission of our suppliers who may operate elements of
your holiday arrangements, including any claim involving death, personal injury
or illness. However, in respect of carriage by air, sea and rail the company limits
its liability to the extent of the relevant international convention. You are
subjected to the terms and conditions of the carriers concerned some of which
exclude or limit liability in respect of death, injury, delay and loss or damage
to baggage. It is also important to note that if delays, diversions or rescheduling
or cancellation of your arrangements occurs by reason of unusual and unforeseeable
circumstances beyond our control or that of our suppliers, the consequences of
which could not have been avoided even if all due care had been exercised such
as war, a state of war, riot, fire, civil strife, industrial action, terrorist
activity, natural or nuclear disaster, adverse weather conditions or other conditions
amounting to force majeure we will not be liable. In these circumstances we will
also not pay any resulting expenses or additional costs.
Should you or any member
of your party suffer illness, personal injury or death whilst overseas arising
out of any activity which does not form part of the foreign inclusive holiday
arrangements or excursion arranged through us, we shall, at our discretion offer
advice, guidance and assistance to help you in resolving any claim you may have
against a third party, provided we are advised of the incident within 90 days
of the occurrence. Where legal action is contemplated our authority must be obtained
prior to commencement of proceedings and be subject to your undertaking to assign
any costs recovered or any benefits received under an appropriate insurance policy
to ourselves and this assignment is limited to the amount of costs actually and
reasonably incurred by us in assisting you. Our costs in respect of the above
on behalf of you and your party shall not exceed £5000.00 in total. The
company does not accept liability for travel documents which are not received
due to failure of a third party supplier to fulfil their obligations e.g. the
post office, courier etc. Copies of the terms and conditions of our suppliers
and carriers and copies of relevant international conventions shall be made available
on request from LM Travel Services Limited.
9. Claims and Complaints
If you have a complaint whilst on holiday you must tell the relevant supplier
(e.g. hotel) or our agent immediately. Most problems can be solved on the spot
but if after you return home you are still not satisfied you must write to our
customer relations department in London on your return. It is unlikely that you
will have a complaint that cannot be settled amicably between us, however, if
this is not the case any dispute arising out of, or in connection with this contract,
may (if you wish) be referred to Arbitration under a special scheme, which, though
devised by arrangement with the Association of British Travel Agents, is administered
quite independently by the Chartered Institute of Arbitrators. The scheme provides
for a simple and inexpensive method of arbitration on documents alone with restricted
liability of the client in respect of costs. The scheme does not apply to claims
for an amount greater than £5,000.00 per person or £15,000.00 per
booking form or to claims which are solely or mainly in respect of physical injury
or illness or the consequences of such injury or illness, although it does include
claims with an element of injury or illness up to £1,000 on that element.
Written notice requesting Arbitration must be made within 9 months after the scheduled
date of return from holiday.
10.Brochures and Web Sites
Every effort has been made to ensure the accuracy of descriptions and information.
However, we are not always able to control all the components of the holiday arrangements
and it is possible that an advertised facility may be withdrawn or changed, due
to weather conditions, lack of demand or for maintenance, renovations etc...We
will advise you if we become aware of a major changeWe will make all reasonable
efforts to inform you of any changes at any stage in your booking prior to travelWe
will advise you if we become aware of a major change (eg a change of resort, hotel,
or a change of flight time of more than 12 hours, and if any changes occur after
you have confirmed booking you should refer to clause 5 of these Terms and Conditions
for the options available to you in these circumstances.
11. Passport/Visas/Health requirements
We can only advise of the requirements for British and Irish passport holders.
All requirements should be checked with the relevant Embassy of the destination
country. A valid 10-year passport is necessary for all our holidays. Some overseas
countries have an immigration requirement that your passport is valid for a minimum
period after you enter that country, typically 6 months. If your passport is in
its final year of validity, we advise you confirm the requirements of the destination
before making final travel plans. You should apply for a passport or to renew
an expired passport at least four weeks before traveling.
The UK Passport Agency can
provide further information at: www.ukpa.gov.uk
Passports for children
and young people:
Children not already included on a valid British passport will need to hold
their own passport if they are to travel abroad. Children who were included on
a passport before 5 October 1998 may continue to travel with the passport holder
until:
* The child reaches the
age of 16;
or* The passport on which the child is included expires;
or * The passport on which the child is included is replaced or an amendment results
in the issue of a new passport
Names: The name on
the passport must match the name on the ticket, otherwise you may not be able
to travel and insurance may be invalid. If, after booking a holiday but before
traveling, any member of your party changes their name, e.g. as a result of getting
married, we must be notified immediately so that we can make the necessary changes
to your holiday documentation.
Visas:
You should contact your Embassy for information and advice on the visa requirements
of the countries you propose to visit. Please note: Passport and visa regulations
can change and you should therefore check with the relevant embassy well in advance
of travel, even if you have traveled to this destination before. It is your responsibility
to be in possession of a valid passport and, if appropriate, a visa. It can often
take some time to obtain a visa, so you are advised to apply in plenty of timeWe
accept no responsibility for customers who do not possess the correct documents.
Health facilities,
hygiene and disease risks vary worldwide. You should take health advice about
your specific needs as early as possible. Sources of information include the Department
of Health's free leaflet "Health Advice For Travellers", your GP or
a specialist clinic. Please note that you are strongly advised against scuba diving
for 24hrs before travelling by air.For the most up-to-date essential information
on your choice of destination and to ensure you make the most of your trip abroad,
we recommend you visit the Foreign Commonwealth Office (FCO) website at www.fco.gov/uk/knowbeforeyougo
12. Insurance
You must in all cases take out adequate travel insurance through the company,
the travel agent or other approved insurance supplier.
13. LM Travel Services Limited - Data Protection Policy
Please find below our privacy policy which shall be deemed to be incorporated into these terms and conditions. LM Travel Services Limited takes the privacy of its customers' data very seriously. Please read the following policy to understand how we will treat your personal data after it has been collected by us through your use of one of our distribution channels. Those distribution channels will include our website, our WAP, PDA and digital TV services our Interactive Voice Recognition software and other channels as they evolve. If this policy changes then we will let you know via our homepage but we assure you that we only use your data as specified here and for our legitimate business reasons.
When do we collect data?
We can collect data on you from a variety of different sources these include:
1. When you purchase products
or services from the site or via any of our other distribution channels;
2. When you become a subscriber;
3. When you speak to our customer services personnel;
4. Via explicit data capture measures, for example by entering competitions and
completing surveys; and
5. Via implicit data capture measures such as studying which pages you read the
most and the use of cookies.
In any of the above cases
the data we collect could be personal data.
What do we do with your
personal information?
When you buy anything via the site or give us any personal data as indicated
above , we may need to collect information about you to process the transaction,
fulfill your order and provide you with the services you expect then and in the
future. This information may include, but is not limited to, details such as your
name, your address, your phone number and your credit card details.
Unless we have your express
consent we will only disclose personal data to third parties if this is required
for the purpose of completing your transaction with us. This is of course subject
to the proviso that we may disclose your data to certain permitted third parties,
such as members of our own group, our own professional advisers who are bound
by confidentiality codes, and when we are legally obliged to disclose your data.
By becoming a subscriber
you consent to receive from us by e-mail our e-newsletter and details of other
special offers which we may think may be of interest to you.
LM Travel Services Limited retains
and uses your personal information to provide you with the best remote commerce
(including electronic and mobile commerce) experience by providing you with a
personalised service and to give you details of offers which we think will be
of interest to youWe may also use the information to process any transactions
you undertake with us and for internal administration and analysis. For quality
assurance and training reasons we record most of the calls you make to us.
We do not sell, rent or
trade your personal information to third parties for marketing purposes without
your express consent.
For any of the above purposes
we may send your information internationally including to countries outside the
EEA. Some of these jurisdictions offer differing levels of protection of personal
information, not all of which may be as high as the UK.
Cookies
Cookies are small files which are sent to your browser and stored on your
computer's hard disc. Whenever you visit LM Travel Services Limited websites and unless you
elect not to receive cookies, then your computer will store an identifying code
in the cookie which may mean you do not need to type in your email address each
time you return to the site. Other than this, we do not store your password or
any other information in the cookie, or use it for any other purpose. Our third-party
advertiser may place or recognise a unique cookie on your browser. You can at
any time set your browser to notify you before you receive a cookie, giving you
the opportunity to decide whether to accept it. You can also set your browser
to turn off cookies.
Third Party Advertising
The ads appearing on this Web site are delivered to you, on our behalf, by our
Web advertising partner. Information about your visit to this site, such as number
of times you have viewed an ad (but not your name, address, or any other personal
information), is used to serve ads.
Data
In the UK we operate and are registered in accordance with applicable data protection
legislation.
Consent
By disclosing your personal information to us using this website or over the telephone,
you consent to the collection, storage and processing of your personal information
by LM Travel Services Limited in the manner set out in this Privacy Policy. Some information
and e-mails sent to LM Travel Services Limited may be used as testimonials but no e-mail
address or contact details will be displayed.Opt-Out Policy
The LM Travel Services Limited Newsletter
subscribers have the option to opt-out of receiving further information from us.
Click here to unsubscribe. Change/Modify Details. To change your e-mail address
details send an e-mail with your correct details to: marketing@lastminute.com. If you need to Modify
or Change your personal details after you have made a purchase on the site please
contact us as soon as possible.
Contact
If you have any questions or concerns about the information we hold about
you, you can also contact us.
14. Unreasonable Behaviour
If in the reasonable opinion of a person in authority including a pilot or captain
you are not fit to travel, he or she may refuse to let you board the aircraft
or train or ship. Normally this happens if such a person thinks you are likely
to disturb or harm other passengers. In this case your contract with us will end
immediately and we will no longer be responsible for you. In addition if your
behaviour is such that an hoteliers reasonable opinion leads him or her to the
view that they are unable to accommodate you, you may be asked to leave the hotel.
In this instance no refund for lost nights accommodation will be made and the
cost of any other accommodation or travel expenses will be absolutely your responsibility
We will also hold members
of your party jointly and individually liable for any damage to the property,
together with legal costs incurred in pursuing the claimWe can not be held responsible
for the behaviour or actions of other individuals or guests who have no connection
with your holiday arrangements or ourselves.
15. Additional
Terms Relating to Car Hire
Please note that when you add Car Hire to your package the following terms
will apply.
All rates include:
Unlimited mileage except
Banff and Jasper in Canada and Australia and certain car types worldwide.
Third party insurance.
Collision damage waiver liability. This covers you for damage to your hired car
in the event of an accident, except where negligence is proved.
Theft waiver.
Airport surcharges, with the exception of Israel.
Bail bonds (where needed).
All local taxes except Australia where taxes are paid locally by law.
What's not included?
Personal accident insurance
(PAI): this is probably covered in your holiday insurance. It is an option, which
you will be offered on collection of the car.
Additional non-mandatory insurances.
Insurance exclusions - see the relevant insurance sections.
Fuel: a deposit is often payable for fuel and is usually refunded if the car is
returned with a full tank.
Fuel policies vary. Please check when you pick up your car.
Garaging, tolls, congestion charges, parking and traffic fines.
Additional drivers charges where applicable - please check online or with our
reservations department at the time of booking. These charges are payable locally.
Delivery and collection of your car can be arranged during normal working hours.
There may be a charge for this.
Out of hours charges.
Optional extras.
One-way rental charges where applicable.
Young drivers charges where applicable.
Licence fees in Barbados
and Jersey.
Flight information
For airport pick-ups, it is essential that we be given the correct flight number
and arrival time, before departure. This can be done either online or by phone.If
this is not available at the time of booking, please ensure that you inform us
of this at least 7 days prior to departure, either online or by phone. No responsibility
can be accepted or compensation allowed for a failed rental due to the late provision
of this information.
Drivers age
If you are under 25 or over 65 years old please inform our reservations staff
at the time of booking. Age restrictions may apply in certain destinations, and
in some cases there may be a young drivers charge payable locally.
Cancellation administration
charge
We levy a charge for cancellation of any booking you are unable to honour prior
to your collection date (see below).
No refunds will be given for rentals ended early, late collections, no shows or
cancellations made after the rental start date, even if cancellation protection
is taken.
All cancellations must be made in writing, emailed to cancellations@holidayautos.co.uk
or faxed to 01276 688325 (and vouchers returned) and will take effect from the
date received by we.
Cancellation charges
7 or more days before start date £15
6-3 days before start date 50% of the cost of the car hire element (we can advise
you what this is)
2-0 days before start date 75% of the cost of the car hire element (we can advise
you what this is)
Period of rental
Rental days are based on 24 hour units, commencing at the time of pick-up.
If you wish to extend the rental period after collection of the car, or if you
return the car late, you will be charged locally at the local daily rate, which
may be higher than our rates. No refunds are payable on cars returned early.
Special requests
Child seats: these
are mandatory in most countries and must be requested at the time of booking.
Although instructions will be provided you will be required to fit the child seat
yourself. For older children, it is recommended that you take your own booster
seats. If requested and confirmed at least 7 days prior to departure these will
be guaranteed.
Roof racks and ski racks: these are available in some locations and should be
specially requested at the time of booking. There is usually a charge for them
which is payable locally. No guarantee can be made regarding their availability
unless you book the 'ski max' (where available).
Delivery and collection/one-way
rentals
Delivery is normally to a local office, with a driver collecting you from
your accommodation to pick up the car. A charge for delivery and collection payable
locally may apply and will be advised on booking if applicable. Delivery and collection
charges are included if you book 'the max' as part of your rental (where available).
Collection is normally at the airport or local office.In some locations deliveries
are available during normal working hours. If you would like your car to be delivered,
full address and delivery time must be given at the time of booking.Delivery and
collection and one-way rentals must be booked by phone and do not qualify for
a web booking discount.
Out of hours charges
In most locations flights will be met and cars supplied outside of normal
working hours. However, there may be an additional charge for this service payable
locally. This will be quoted when your flight timings are given to us. In the
event that a flight is delayed, causing the car pick-up to fall outside normal
working hours, the additional charge will be made locally, where the out of hours
service is available.
Driving licence
Drivers must produce a full British driving licence held for at least one
year (or in some cases an international driving licence). Drivers with a new style
licence must have all sections with them.
In certain locations and for some car types, drivers must have held a full licence
for a minimum of 2 years.
It is the driver's responsibility to ensure that he/she has the appropriate driving
licence
Our reservations agent must be informed of any endorsements on the driver's licence,
as we may not be able to take your booking.
No refunds will be given for rentals rejected due to non-production of a driving
licence or non-disclosed endorsements.
Faxed or photocopied licences are not acceptable!
Rental documents
The rental voucher must be presented when picking up your rental carWe cannot
be held responsible for rentals rejected if a voucher is not presented.You should
retain your rental documents and related receipts for a minimum of 28 days after
returning home.
Additional drivers
Charges often apply for additional drivers and are payable locally on pick-upWe
cannot be held responsible for any increase in charges. Please check online or
with our reservations department at the time of booking.
Deposits
Deposits vary by destination.
All customers will be required to leave a deposit to cover the insurance excess
and fuel. To do so, a valid credit card in the name of the lead driver, must be
produced upon collection of the car, as a form of deposit.
Cash deposits are rarely accepted.
Where a deposit for fuel is payable, it will usually be refunded if the car is
returned with a full tank. If the tank is not returned full, our local car rental
partner will charge for fuel at its prevailing rate. They may also levy a refuelling
charge. Please check the fuel policy when you pick up your car.Deposits against
damage are required in some countries. A major credit card can be used for this
purpose.
Provision of cars
Our local car rental partner can refuse to provide a car to any customer
who is, in their opinion, unfit to drive or does not meet eligibility requirements.
In such circumstances your contract with us will terminate immediately, and we
will have no further liability to you, and no refund will be due.
Number of passengers
Our rental cars are insured for a maximum number of passengers. We cannot
accept responsibility if the vehicle is not large enough to fit all passengers
and luggage on arrival if details were not supplied at the time of booking. In
the interest of safety this number must not be exceeded and if exceeded the insurance
will be invalidated.
Driving restrictions
Restrictions are applicable when crossing country/state borders. Please consult
our reservations department at the time of booking as to whether border crossing
is permitted and what, if any, charges apply.
Insurance exclusions
and damage excess refund product
You will be required to leave a deposit to the value of any insurance excess,
which may be charged by our car rental partner, if the car is damaged during the
rental. If purchased at the time of booking (included at no extra charge if your
booking was made on line), the damage excess refund product will cover you for
damage excess that you may be charged. This damage excess can be reclaimed through
we, subject to our terms and conditions, providing you complete an accident report
form from our car rental partner and then forward a copy of this to we.The damage
excess refund product does not apply to prestige cars. It does not cover damage
to wheels, tyres, windows, the roof, the underside, the interior of the car, towing
charges or damage caused wilfully or recklessly. You may therefore be liable for
the cost of this damage.
Insurance cover is not provided for the contents of the car in the event of theft.
In the event that keys are lost or damaged you will be liable for reasonable costs
for obtaining a replacement, and further costs if directly related to the theft
of the car.
Tax
All taxes are included except those on any extras purchased locally. e.g.
One-way drop-off fees, child seats and additional drivers.
We reserve the right to levy any government increases in local taxes that may
be introduced after the printing of these terms and conditions. Any additional
charges payable on arrival are subject to local taxes at the prevailing rate in
that country.
Car type/suitability
We are unable to guarantee a particular make, model or fuel type of car.
The car shown on your voucher is for guidance only and may be substituted for
an alternative, similar or upgraded car (at no extra cost).
If you have booked a prestige car, the specific car booked is guaranteed.
If it becomes impossible to provide your booked car due to breakdown or an accident,
a similar or upgraded car will be provided.
If you are dissatisfied in any way with the standard of your booked car, you must
advise our local car rental partner immediately and we in writing within 28 days
of your return. Failure to do so may result in any claims not being accepted or
settled by we.
Mechanical difficulties/accidents
In the event of any mechanical difficulties or accidents involving your car,
it is important that details are reported to our local car rental partner within
24 hours.In the event of an accident you must also complete an accident report
form by the end of the rental period.
Local police should also be notified in the case of accidents and a signed police
report obtained.
Full details of third parties should also be obtained.
Our local car rental partner must give authority to repair or replace a vehicle.
Their name and contact details are shown on your voucher and rental agreement.You
should retain copies of all rental documentation in the event an insurance company
is involved.Your insurance cover may be invalidated if this procedure is not followed
correctly and this may prejudice any claim for compensation.
A check-in form must be signed on return of the vehicle. Failure to do so may
delay the investigation of disputes regarding damage excess charges
Complaints
Additional conditions applicable to the USA and Canada
third party top-up insurance
All rentals in the USA and
Canada include third party liability insurance, which conforms to the statutory
minimum required by each state but can be as low as $5,000.Our prices include
excess liability insurance (also known as supplementary liability insurance (SLI)
or extended protection (EP). This offers third party liability insurance above
the minimum level of protection (see above) and increases your third party protection
to $1,000,000 in respect of any claims made against you.
EP also provides coverage up to $100,000 ($40,000 in Texas). These benefits are
provided to the renter and any family member related by blood, marriage or adoption,
who, while occupying the rental car, sustained bodily injury or death caused by
a negligent uninsured/underinsured motorist. Please note that certain car rental
partners do not provide this cover.
Additional conditions
for Australia
Mileage
All rentals in metropolitan
areas of Australia include unlimited mileage, except minivans where rates include
200 kms per day.
In country areas, rates include 200 kms per day.
In remote areas, the rates include 100 kms per day.
Excess kilometres are charged
at au $0.30 per km.
Deposits
A security deposit of between
au $275 and au $1100, depending on car type, is statutory upon collection of the
vehicle. Any major credit card in the lead driver's name is acceptable for this
security deposit.
The max includes:
A full tank of fuel.
An additional named driver.
No out of hours charges for pick-ups or drop-offs at airport locations.Delivery
and collection where available at max locations within a 15km radius, and within
office hours. Not available in USA or Canada.
One-way rentals - only applicable for pick-ups/drop-offs within the same country.
Not available in USA/Canada.
Cancellation protection.
Advance registration: you will need to supply us with the named drivers' details,
driving licence, date of birth, home address, contact address during rental, passport
number and place/date of issue. You can also advance register at www.holidayautos.co.uk.
This information must be received 7 days prior to rental start date.
Ski max includes:
A
full tank of fuel
Guaranteed snow tyres or chains
Guaranteed ski rack.
An additional named driver.
No out of hours charges for pick-ups or drop-offs at airport locations.
Cancellation protection.
Advance registration (See 'the max' section for details).
General conditions
Bookings made through us are subject to these terms and conditions in addition
to the various terms and conditions of the independent rental companies in the
countries in which we operate. Please note that the rental of the vehicle will
be subject to the law of the country in which it is supplied to you and for this
reason you will be required to sign a rental contract with the rental company
which supplies the vehicle. You should satisfy yourself that you understand (and
agree) to its terms and conditions, as you will be subject to, and must comply
with these terms, and the local law. Please click
here for further information.
We cannot accept liability for any charges incurred on documentation signed for
and accepted locally. We will not be held responsible for anyone driving under
the influence of alcohol/drugs, causing wilful damage, off road driving or driving
without due care and attention. The customer will accept responsibility in respect
of such claims. This list is not exhaustive. Cars and all offers, including 'the
max' and 'ski max' are subject to availability.
Force majeure
The LM Travel Services Limited shall not be liable itself or vicariously through its
local car rental suppliers for either a failure to perform or delay in performing
any of its obligations under or pursuant to this booking, voucher, reservation,
rental or terms and conditions, if and in so far as performance is delayed , hindered
or prevented by force majeure, which expression shall mean any event beyond the
reasonable control of the party in question. In the event that the force majeure
persists for more than 14 consecutive days, we may terminate and withdraw this
booking, reservation or rental by giving 14 days notice to the clients original
billing address.
Our recommendation to
you
As part of our continued commitment to quality customer service, we strongly
recommend that, prior to signing our local car rental partners rental agreement,
you ensure that the insurance details on this agreement match those insurance
details on your we car rental voucher. Any additional insurance purchases accepted
to your credit card after the rental agreement has been signed will be your own
financial responsibility.If in doubt please call us on the emergency telephone
number below:
emergency phone number +0044
1276 413 824
16. Jurisdiction
This contract is made on the terms of these booking conditions which are governed
by English Law and both parties shall submit to the jurisdiction of English Courts
at all times unless the consumer chooses the jurisdiction of their domicile in
Scotland or Northern Ireland.