These Booking Conditions, together with our Privacy Policy and where your flight is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirm your booking, form the basis of your contract with Trav Expert Limited (trading as Airway) a company registered in England and Wales with company number: 10828609 and registered office address of 15 Percival Gardens, Romford, Essex RM6 5RJ (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

PLEASE NOTE: We sell (as Principal) or facilitate the sales (as Agent) of flight-only bookings.

As a result, our obligations to you will differ depending on what capacity we are acting in, either as a Principal in the sale of a flight booking, or as a booking agent to help you arrange or book a flight sold by a third party supplier ( “Supplier/Principal” ). We will indicate in your booking confirmation whether we are acting as Principal or Agent.

Our differing obligations are set out below, in the following separate sections:

• Section A contains the conditions that will apply to all flight bookings you make with us;

• Section B contains the conditions that will apply where you make a flight booking with us, where we are acting as Principal;

• Section C contains the conditions which apply to flight bookings where we act as agent.

SECTION A – APPLICABLE TO ALL BOOKINGS

 

1. Booking & Paying For Your Flight Booking

A booking is made with us when you make payment and we issue you with a E-ticket and your ATOL Certificate, either directly from ourselves or on behalf of the Supplier/Principal (where we are acting in an agency capacity, please see Section C for further details).

A binding contract between you and the Supplier/Principal (where we are acting as an agent) or between you and us comes into existence when we issue the E-Ticket to the first named person on the booking.

Upon receipt, if you believe that any details on your booking confirmation or any other document (including your ATOL Certificate) are wrong you must advise us as soon as possible, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within this timeframe. 

If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in either Section B or Section C , as applicable, will become payable.

Please note, where you are owed a refund either by use or one of our Supplier/Principals, such refund should be made approximately within 21 working days. However, such timeframe is subject to your bank’s policies as well.

 

2. 2. Accuracy & Prices

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate. However, prices on our website are updated regularly, or occasionally changes and errors occur. Therefore, we reserve the right to correct or amend prices (whether advertised or confirmed) and other details in such circumstances.

In addition, we reserve the right to alter the prices of any of our unsold flights at any time, are unable to honour prices where an obvious pricing error has been made; and reserve the right to correct errors in the prices of confirmed flights.

In any instance, we will advise you of the current price of the flight before we issue you an E-ticket or a member from our customer service team will contact you within 24 hours with the correct price. 

3. 3. Insurance

Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. Such insurance should be valid from the date of booking and be valid throughout the duration of your booking.

4. 4. Events Beyond Our Control

Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal, where we are acting as an agent) will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, the Supplier/Principal or our/their supplier’s 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 any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.

5. 5. Special Requests

Any special requests must be advised to us at the time of booking (e.g. seating on an aircraft). You should then confirm your requests by emailing info@airwaay.co.uk . Whilst every effort will be made by us (or the Supplier/Principal, where we are acting as an agent) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier/Principal is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

6. 6. Disabilities & Medical Problems

We are not a specialist disabled flight company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your flight booking, please provide us (or the Supplier/Principal where we are acting as agent) with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen flight booking.  We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that you are fit to participate in your booking. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

7. 7. Entry, Passport, Visa & Immigration Requirements, Safety & Health Formalities

For flight bookings (either where we act as Principal or where we act as Agent), we provide general information as a courtesy. Nonetheless, it is your responsibility to check such requirements (in good time, before departure), in order to make decisions and/or fulfil such requirements and check any information regarding your destination or country(ies) through which you are travelling.

Such information which you may need to check includes (but is not limited to), passport requirements including (but not limited to) duration of validity of your passport following return date, or whether your passport must be machine readable (for USA travel).

You much check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, through it is responsibility to check and see if such body is relevant to yourself.

• the Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware ) (applicable to UK residents);
• UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship ;
• Embassies, High Commission and/or Consulates;
• Own doctor.

For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC cannot be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

We, nor the Supplier/Principal accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa and immigration requirements or safety and health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry, passport, visa and immigration requirements or safety and health formalities.

8. 8. Delays, Missed Transport & Other Travel Information

If you or any member of your party misses your flight, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline concerned immediately.

Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers .

Please note, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your flight booking price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment.

We cannot accept liability for any delay which is due to any of the reasons set out in condition 4 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). 

The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/ ) detailing air carriers that are subject to an operating ban within the UK.

9. 9. Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as an agent) or in the opinion of any airline staff, pilot, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we / the Supplier/Principal reserve the right to terminate your booking immediately.

In the event of such termination our liability (or the Supplier/Principal’s where we act as agent) to you and/or your party will cease and you and/or your party will be required to abandon your booking immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost of other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the supplier in question prior to abandonment of booking. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your flight booking or with us.

10. 10. Law & Jurisdiction

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable). 

SECTION C: SINGLE SERVICE BOOKINGS

This section applies to all Single Service bookings that you make with us (e.g. flight only) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

11. 11. Conditions Of Suppliers

Many of the services which make up your flight booking are provided by independent suppliers (i.e. airlines).  Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us.  Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with the Warsaw/Montreal Convention. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

12. 12. If You Change Or Cancel Your Flight Booking

Where you have made a booking (i.e. return flight) and only used part of such booking (i.e. only used outward flight), no refunds for any unused portion of your booking will be issued or owed.

Changes:

If you wish to change any part of your flight booking after our confirmation invoice has been issued, you must inform us by emailing info@airwaay.co.uk as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £30 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you.

Note: A flight booking may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.

Cancellations:

If you, or any member of your party, decides to cancel your flight booking after it has been confirmed, the first named person on the flight booking must contact us at info@airwaay.co.uk . Your notice of cancellation will only take effect on the date we receive it. Should one or more member of a party cancel, it may increase the per person price of those still travelling and you will be liable to pay this increase.

A flight booking may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the flight booking in addition to the charges above. The applicable cancellation charge will be confirmed to you at the time of cancellation request.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

13. 13. If We Change or Cancel Your Flight Booking

We may in certain circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. Very rarely, we may be forced by Events Beyond Our Control (see condition 4) to change or cancel your travel service(s) after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

14. 14. Our Responsibilities To You For Flight Booking

• Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

• We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

• the act(s) and/or omission(s) of the person(s) affected; or
• the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
• unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
• an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
• We limit the amount of compensation we may have to pay you if we are found liable under this clause:

• loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

• Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

• It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

• Where any payment is made, the person(s) availability (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

• Please note, we cannot accept any liability for any damage, loss of expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you: or (b) relate to any business.

• We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website.

15. 15. Complaints For Flight Bookings

We make every effort to ensure that your flight booking runs smoothly but if you do have a problem, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us at info@airwaay.co.uk.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our head office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this condition may affect our and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

16. 16. Financial Protection For Flight Bookings

We provide financial security for flight-inclusive [packages and ATOL protected flights]by way of  our Air Travel Organiser’s Licence number 11324 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk .

When you buy an ATOL protected product from us you will receive an ATOL Certificate.  This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.  For further information, visit the ATOL website at www.atol.org.uk .  The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all flights offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.. 

SECTION C: AGENCY BOOKINGS

This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.

17. 17. Your Contract with the Supplier/Principal

Where we act as Agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation provider) of your flight booking, as specified in your confirmation invoice.

As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by the Supplier/Principal. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

18. 18. Payment For Agent Bookings

If you have paid a deposit, you must pay full balance by the balance due date notified you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.

Except where otherwise stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for the flight booking will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.

19. 19. Changes and Cancellations by You

Where you have made a booking (i.e. return flight) and only used part of such booking (i.e. only used outward flight), no refunds for any unused portion of your booking will be issued or owed by the Supplier/Principal.

Any cancellation or amendment request must be sent to us by emailing and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your flight booking.

The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the flight booking and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £30 per booking for any amendments to bookings and an administration fee of £30 for cancellations.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

20. 20. Changes and Cancellations by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed flight booking or to cancel them. If the Supplier/Principal offers an alternative option or a refund, you will need to let us know your choice within the stipulated time frame notified to you. If you fail to do so,the Supplier/Principal is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we accept no liability for any changes or cancellations made to your flight booking by the Supplier/Principal under your contract with them.

21. 21. Our Responsibility For Agent Bookings

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the flight booking you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the flight booking that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

22. 22. Complaints For Agent Bookings

Because the contract for your flight booking is between you and the Supplier/Principal, any queries or concerns about your flight booking should be addressed to them. If you have a problem with your flight booking whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us at info@airwaay.co.uk .

23. 23. Financial Protection For Agent Bookings

Where you make a booking through us as your booking Agent, your monies will not be financially protected by us and will instead be protected by the Supplier/Principal under their ATOL. Such information will be provided to you at the time of booking.