Where you are asking us to make your travel arrangements as a corporate client of Wexas Limited these are the terms and conditions that will apply to your booking. Where there is any conflict between these Booking Terms and Conditions and a written Agency Agreement, the written Agency Agreement shall take precedence to the extent of such conflict only.
If you are acting in your personal capacity as an individual and wish to make your holiday arrangement through us then the booking terms and conditions that will apply to your holiday booking can be viewed here: wexas.com/booking-terms-conditions
When providing your travel arrangement services we do so only as an agent for you to enter into a contract directly with the principal or supplier of the particular travel arrangement such as airlines, hotels, land or sea transport, car hire, travel insurance or other related travel services provided by third party suppliers to you.
The booking Terms & Conditions of the principal or supplier of your travel arrangements will apply to your booking with them and you are advised to read these carefully as they do contain important information about your booking. You should ask us for copies of these if you do not have them.
As part of our services to you, we may book at times a number of different travel arrangements on your behalf and at these times, we do so as your agent at all times. The price charged in total for these arrangements will always equal the prices charged separately for each individual arrangement. All arrangements are available to be purchased separately, at the same price, as they are when more than one arrangement is booked. Any of these arrangements will not constitute a travel service for the purposes of the Package Travel and Link Travel Arrangements Regulations 2018. This means that the Services (whether they amount to travel services or not) and any multiple bookings of the Services do not constitute a package as defined in the Package Travel and Link Travel Arrangements Regulations 2018 or under the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended.
We will source or arrange the provision of your travel services using reputable suppliers (including using only ATOL protected suppliers of air travel), applying professional standards of care and skill that is applied in the travel management industry.
Cancellation and Amendment to the Services by You
Any cancellation or amendment requested by you must be sent to us in writing and will not take effect until received by us. If you cancel or amend any booking the supplier(s) may charge you the suppliers cancellation or amendment charge shown in their Booking Terms and Conditions (which may be 100% of the cost of the travel arrangements booked) and you must pay us a cancellation or amendment charge administration fee of £35 per person.
Changes or Cancellation to the Services by the Supplier
We will inform you of any changes or cancellations made to your travel arrangements by the supplier as soon as reasonably possible. If, as part of any such changes or cancellation of your travel arrangements, the supplier offers alternative arrangements or a refund, you must let us know whether you wish to accept the alternative arrangements within the timeframe stated by us. If you fail to notify us by the stated time period then the supplier of your travel arrangements will be entitled to assume that you wish to cancel and receive a full refund. We will accept no liability for any changes or cancellations made to your travel arrangements by the supplier under your contract with the Supplier.
We will make ourselves available upon reasonable notice for the purposes of consultation, advice and support relating to your travel arrangements.
We will provide you with access to our 24 hour, 7 day a week emergency contact service, for the purpose of providing any ‘out of hours’ support which you may require in respect to the travel arrangements on an urgent or emergency basis.
Responsibility for your travel arrangements
Your contract for the actual provision of the Services is with the supplier and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the Services. Our responsibilities are limited to sourcing and arranging the Services in accordance with your instructions. We accept no responsibility for any information about the Services that we pass on to you in good faith. However, in the event that we are found liable to you our aggregate liability to you in respect of any claim or series of claims will not exceed the value of transaction fees paid in the last 12 calendar months.
We shall not be liable to you in any circumstances in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any loss of profit, business, contracts, revenues or for any special, indirect or consequential damage of any nature whatsoever. Nothing in this clause shall operate to limit or exclude our liability for death or personal injury caused by our negligence or that of any of our employees while acting in the course of their employment; or fraudulent misrepresentation or fraudulent concealment; or any liability, which cannot be limited or excluded by law.
We shall provide such Travel Arrangement Services to you as may be requested by you from time to time. In the absence of any express written instructions to the contrary, we may accept (and you or your Company, that is our Client under our written Agency Agreement shall be bound by) any requests made by any employee, agent or other representative of our Client under the said Agency Agreement.
You acknowledge that our ability to provide the Services relating to your travel arrangements at the agreed standard is dependent upon your full and timely cooperation (which you agree to provide), as well as the accuracy and completeness of any information and data which you provide to us. You will provide us with access to and use of all information, data and documentation reasonably required by us for the performance of our obligations in respect of your travel arrangements.
You will co-operate with us in all matters relating to your travel arrangements. You agree that you are responsible for any loss or damage to any physical property belonging to any supplier caused by your acts or omissions.
You agree to reimburse us, or where appropriate the supplier, for the monetary value of any such loss or damage, provided always that you been provided with appropriate invoices evidencing the sums due to either us or the supplier.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. You are responsible for paying, in full, all sums payable to the supplier for the services in relation to your travel arrangements requested by you. If full payment of such sums is not received by the applicable balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in the supplier’s terms and conditions.
All monies paid to us, which are duly payable to the supplier of the Services in accordance with this Agreement, are held by us on your behalf until they are paid to the supplier in question.
We may occasionally receive commission payments from suppliers in return for the arrangements booked on your behalf. Full details will be made available by us to you upon request. At no times will the availability (or lack) of such a commission payment influence our decision to use a particular supplier.
Prices cannot be guaranteed until full payment has been received and tickets have been issued. Prior to this all prices are subject to change without notice.
All prices are stated exclusive of any VAT, taxes, duties, levies, service charges or fees of whatever nature except where expressly indicated to the contrary.
You are strongly recommended to take out appropriate insurance. Many suppliers require this as a condition of booking with them. In any event, we strongly recommends that you take out a policy of insurance in order to cover against the cost of cancellation; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. We can provide insurance cover and is an Appointed Representatives of Campbell Irvine Insurance who are authorised and regulated by the Financial Services Authority. Their registration number can be checked on the FSA’s register by visiting FSA’s website at www.fsa.gov.uk/register or by contacting them on 0845 606 1234.
Except where otherwise expressly stated in these booking conditions neither we nor the applicable Third Party Supplier will be liable or pay you compensation if our contractual obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the supplier(s) control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. This is something outside our control and the control of the applicable Third Party Supplier, we and the Third Party Supplier would treat any such changes, as Force Majeure so will not be liable to pay you any compensation.
Complaints relating to your travel arrangements
As the contract(s) for your travel arrangements are between you and the supplier(s), any queries or concerns relating to the travel arrangements should be addressed directly to the supplier. If you have a problem during your travel, this must be reported to the supplier immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to make a complaint after returning home, you should write to the supplier. The supplier’s name and address plus contact details will be in any confirmation documents sent by us. If you would like us to assist you with this, you should contact our Customer Services department.
We will comply with all applicable requirements of the Data Protection Legislation in relation to any personal data processed in connection with the performance by us of our obligations in relation to your travel arrangements. We shall process your personal data only to the extent, and in such a manner, as is necessary and shall not process your personal data for any other purpose.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.
Law and Jurisdiction
These booking terms and conditions are subject to and governed by English law and any dispute(s) will be exclusively dealt with by the Courts of England and Wales.