These Terms & Conditions, together with any other written information We brought to Your attention before We confirmed Your booking, apply to Your booking with WOWcruise. We act only as an agent - when making Your booking We will arrange for You to enter into a contract with the Supplier (tour operator/airline/cruise line/other Supplier) named on Your confirmation and invoice. If Your booking is made up of more than one separate service then You will have a separate contract with each of the different Suppliers. Our obligations to You may vary depending upon which arrangements You book with Us, and We set them out clearly below.
In these Terms & Conditions 'We', 'Us' or 'Our' means WOWcruise, an Accredited Body Member of Hays Travel Limited (Hays Travel). 'You' and 'Your' means each and every person named on the booking or any other person to whom a booking is added or transferred. 'Supplier' means anybody other than Us that is responsible for providing services to You, for example, a tour operator, cruise holiday company, insurance company, car hire company, flight or hotel wholesaler. 'ABTA' is a financial protection scheme for coach rail and cruise holidays. 'ATOL' is a financial protection scheme for flights and air holidays, managed by the Civil Aviation Authority (CAA).
WOWcruise is a trading name of Anytime Travel Group Limited, a company registered in England & Wales. Registered office: Southgate House, Wood Street, Cardiff, CF10 1EW. Company no.: 07747789. VAT no.: 276 3030 14.
WOWcruise® is a registered trademark no.: UK00003310149.
WOWcruise sells travel services on behalf of Hays Travel Limited and benefits from Hays Travel’s membership of ABTA with membership number P7182. Hays Travel allow WOWcruise to trade under their ATOL number 5534, in accordance with the terms of Accredited Body Membership.
Hays Travel Limited is a company registered in England & Wales. Registered office: 25 Vine Place, Sunderland, Tyne & Wear, SR1 3NA. Company no.: 1990682. VAT no.: 193 1671 95.
Please read these Terms & Conditions carefully as they set out all respective rights and obligations. Please contact Us if You have any further questions after reading them.
When You make Your booking You must pay the relevant deposit as specified at the time of booking. If You believe that any details on the booking summary (or any other document) are wrong You must advise Us immediately as it may not be possible to make changes later, You may incur charges to make changes and it may harm Your rights if We are not notified of any inaccuracies in any document immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise Us of any errors immediately. We will not make any charge for changes to documents, but You will have to pay any charges made by Suppliers. Please ensure that the names given are the same as in the relevant passport.
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. If full payment is not received by the balance due date, We will notify the Supplier who may cancel Your booking and charge the cancellation fees set out in their terms and conditions. Except where otherwise advised or stated in the Terms & Conditions of the Supplier concerned, all monies You pay to Us for arrangements will be held on behalf of the Supplier(s) concerned. We do not make any charges for payments by credit or debit card.
3. YOUR CONTRACT
When making Your booking We will arrange for You to enter into a contract with the Supplier(s) named on Your booking summary. As an agent We accept no responsibility for the acts or omissions of the Supplier or for the services provided by the Supplier. The Supplier’s terms and conditions will apply to Your booking and We advise You to read these carefully as they contain important information about Your booking. Please ask Us for copies of these if You do not have them.
You may wish to purchase flights, hotel, car rental, transfers or other services from Us. Each component will be provided by different third party providers of the components You have selected. Your contract will be with the individual Suppliers and not with Us. Since You create Your own travel arrangements by adding each component separately to create Your own bespoke booking, this is not a package and therefore You are not protected under the Package Travel Regulations; and unless You book a Flight-Plus, Your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual Supplier, no contract has been formed.
It is Your responsibility to read and understand the Supplier's Terms and Conditions and ask for further clarification at the time of booking if necessary.
If for any reason the Supplier’s Terms and Conditions are deemed not to apply, then these Terms of Business shall apply in their place.
4. CANCELLATIONS AND AMENDMENTS BY YOU
Any cancellation or amendment request must be sent to Us in writing and will not take effect until received by Us. If You cancel or amend Your booking the Supplier may charge the cancellation or amendment charge shown in their terms and conditions (which may be 100% of the cost of the travel arrangements). We may collect this on their behalf and You also must pay Us any applicable administration charges.
5. CANCELLATIONS AND AMENDMENTS BY THE SUPPLIER
We will inform You of any changes or cancellations as soon as reasonably possible. If the Supplier offers alternative arrangements or a refund, You will need to let Us know Your choice within the time frame We stipulate. If You fail to do so the Supplier is entitled to assume You wish to receive a full refund. We accept no liability for any changes or cancellations made to Your arrangements by the Supplier under Your contract with them.
6. OUR SERVICE CHARGES
In certain circumstances We apply service charges which will be shown on Your Confirmation & Invoice as follows:
- 'Administration Fee for Supplier Failure Cover' (see section titled 'Your Financial Protection')
- 'Flight Plus' (see section titled 'Your Financial Protection')
- 'Service Charge' – a charge for the booking agency services We provide to You.
- Please note that the term Service Charge does not refer to Us putting together a holiday package, it is Our standard charge for the service of acting as booking agent.
7. OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the Supplier and their Terms & Conditions apply. As agent, We accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with Your instructions. We accept no responsibility for any information about the arrangements 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 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.
The contract for Your arrangements is between You and the Supplier and any queries or concerns should be addressed to them. If You have a problem whilst on holiday, this must be reported to the Supplier or their local Supplier or agent 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 complain when You return home, you should write to the Supplier. Please contact Us if you would like Us to assist You with this. If the matter cannot be resolved and it involves Us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are set out in these Terms & Conditions.
If You wish to complain about the service You have received directly from WOWcruise, please contact Us and We will do everything We can to address Your concerns.
9. YOUR FINANCIAL PROTECTION
As members of ABTA and ATOL, many of the travel arrangements that We sell are protected in the case of the financial failure of the travel company.
Hays Travel allow Us to trade under their ATOL number 5534, in accordance with the terms of Accredited Body Membership.
Many of the flights and flight-inclusive holidays We sell are financially protected by the ATOL scheme under ATOL number 5534. ATOL protection does not apply to all holiday and travel services We sell so please ask Us to confirm what protection may apply to Your booking. If You do not receive an ATOL Certificate then the booking will not be ATOL protected. If You do receive an ATOL Certificate but all the parts of Your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to www.atol.org.uk/ATOLCertificate
When You buy an ATOL protected flight or flight inclusive holiday 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.
Please note that ATOL protection is not available for flights with low-cost carriers or where Your payment is made direct to airlines unless they are part of a Flight-Plus. Where necessary, We will add Supplier failure insurance to Your booking automatically. This protects You by insuring Us against the costs of refunding or replacing Your booking if a Supplier fails. If applicable We will charge an administration fee for Supplier failure cover which will be shown on Your Confirmation & Invoice.
Booking a Flight-Plus provides You with ATOL protection under ATOL number 5534 in the event of Supplier insolvency, but We are still acting as agent for the individual Suppliers and a Flight-Plus booking does not constitute a Package.
A Flight-Plus is where You purchase through Us, at the same time or within a day of each other, a flight plus overseas accommodation and/or car hire from separate Suppliers (i.e. not a package holiday). When You make a Flight-Plus booking through We will give You an ATOL Certificate showing what is financially protected, where You can get information on what this means for You and who to contact if things go wrong. On all Flight-Plus holiday arrangements, Your money is ATOL protected meaning that You will be able to continue with Your holiday or receive a refund of the amount paid to Us in the unlikely event of Our insolvency or the insolvency of Your service providers. Please note however that We have no liability beyond that for insolvency as set out in the ATOL scheme, because We act as agent of the Suppliers.
An ATOL Protection Contribution of £2.50 per passenger is payable to the CAA on Flight-Plus bookings and this will be reflected on Your booking summary as a charge for Flight Plus.
For more details as to when a Flight-Plus exists and the protection provided under the ATOL scheme go to www.caa.co.uk.
In respect of Flight-Plus bookings, We are obliged to tell You:
- 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 or a suitable alternative (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.
We sell travel services on behalf of Hays Travel Limited and benefit from Hays Travel’s membership of ABTA with membership number P7182.
ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to You by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. For further information about ABTA, the Code of Conduct and the arbitration scheme available to You if You have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or go to www.abta.com.
Arbitration can be used to settle alleged breaches of contract and/or negligence between consumers and ABTA Members. If Your claim includes an element of minor illness or personal injury then this can also be considered by the arbitrator, but is limited to £1,500 per person. ABTA’s Arbitration Scheme has helped consumers for more than 40 years. The scheme allows consumers to resolve disputes without going to court; it is speedier, less formal and costs less than instructing solicitors.
If You have any special requests (for example dietary requirements, cots or room location), please let Us know at the time of booking. We will pass on all such requests to the Supplier but We do not guarantee that they will be met and We will have no liability to You if they are not.
Adequate travel insurance is a condition of Your contract with either Us or the Supplier in question, as applicable. You must take out a policy of insurance in order to cover You and Your party against the cost of cancellation by You; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If We have issued Your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by You (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect Your insurance. If You fail to travel with adequate insurance cover We will not be liable for any losses in respect of which insurance cover would otherwise have been available.
11. ACCOMMODATION RATINGS AND STANDARDS
Accommodation ratings are displayed as provided by the Supplier. These are intended to give a guide to the services and facilities You should expect from Your accommodation. Standards and ratings may vary between countries, as well as between Suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the United Kingdom We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
12. ROOM ALLOCATION
After registration, on arrival at Your accommodation, You will be allocated a room. It is Your responsibility to verify the check-in and check-out times directly with Your accommodation Supplier. Please note that any local taxes and expenses will be payable to Your accommodation Supplier in resort on check-out.
13. BUILDING WORK
From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. If We are notified of such works We will inform You before You make Your booking or within a reasonable time of Us being notified.
14. ELDERLY AND DISABLED CLIENTS
We are able to make enquiries of the Supplier about the suitability of arrangements for You and provide replies prior to booking. You must make all requests before a booking is confirmed.
15. DELIVERY OF DOCUMENTS
All documents that We are issuing to You (e.g. invoices/tickets/Insurance policies) will be sent to You by post or email. Once documents leave Our offices We will not be responsible for their loss unless such loss is due to Our negligence. You may be required to obtain Your own travel documents (e.g. cruise tickets) in which case it is Your responsibility to source and print these documents. You must pay any charges made by Suppliers if tickets or other documents need to be reissued.
16. PASSPORTS, VISAS AND HEALTH
We can provide general information about the passport and visa requirements for Your trip, but this is for guidance only and it remains Your responsibility to check the requirements before You travel. Your specific passport and visa requirements, and other immigration requirements are Your responsibility and You should confirm these with the relevant Embassies and/or Consulates. Neither We nor the Supplier accept any responsibility if You cannot travel because You have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. For more information on passports go to www.gov.uk/browse/citizenship/passports.
Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask Us for full details. We can provide general information about any health formalities required for Your trip but You should check with Your own doctor for Your specific circumstances. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, go to www.fco.gov.uk.
17. FINAL TRAVEL ARRANGEMENTS
Please ensure that all Your travel, passport, visa and insurance documents are in order and that You arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm Your flight with the airline prior to departure. Please ask Us for details at least 72 hours before Your outbound flight. You should take a note of any reference number or contact name when reconfirming. If You fail to reconfirm You may be refused permission to board the aircraft and You are unlikely to receive any refund.
18. FORCE MAJEURE
Except where otherwise expressly stated in these Terms & Conditions We will not be liable or pay You compensation if Our contractual obligations to You are affected by any event which We or the Supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside Our control or the control of the Supplier concerned.
19. CONDITIONS OF SUPPLIERS
Many of the services which make up Your holiday are provided by independent Suppliers. Those Suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the Supplier's liability to You, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from Us or the Supplier concerned.
Please be aware that the terms and conditions of the Supplier will normally state that Your stay can be terminated, with no refund, if the behaviour of Your party falls below an acceptable standard. Suppliers will also often require You to pay for any damage You cause to the accommodation in resort. We are under no obligation to You if any event such as this occurs. You agree to indemnify Us for the full amount of any claim (including all legal costs) made against Us by the Supplier or any third party as a result of Your conduct.
21. DATA PROTECTION AND PRIVACY
We would also like to store and use Your personal data for future marketing purposes. You can change your marketing preferences by contacting us in any way or by using the ‘unsubscribe’ link in our marketing emails.
21. LAW AND JURISDICTION
These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
WOWcruise is committed to respecting your privacy and protecting your personal information. This privacy notice sets out:
- When we collect personal information about you
- What types of personal information we collect
- Why we collect it
- How we keep it safe
- Who we share personal information with
- Your rights and choices about the personal information that we hold
This privacy notice has been updated to reflect GDPR (the General Data Protection Regulation) which came into effect in May 2018.
1. WHEN WE COLLECT PERSONAL INFORMATION ABOUT YOU
We collect personal information about you whenever you make a booking or otherwise interact with in person or via telephone, our website, email or other contact methods (whether directly with us or through agents acting on our behalf).
2. THE TYPES OF PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT
Type of personal data
Why we collect it
Personal and contact details
To be able to make and fulfil your booking.
To complete required Advance Passenger Information or Electronic Travel Authorisations.
Information about medical conditions
So that suppliers can provide assistance / provide special arrangements.
Ad-hoc information about, for example, interests, special occasions, special requests.
To arrange or provide services tailored to your requirements.
To be able to process your payment.
Information about past and current bookings
To arrange or provide services tailored to your requirements.
Correspondence, including complaints
To assist customers in relation to their travel arrangements and to handle complaints.
Staff Development / Identifying errors and issues.
3. OUR LEGAL BASIS FOR USING YOUR PERSONAL INFORMATION
We will only process your personal information where we have a legal basis to do so. Depending on the circumstances, the legal basis will almost always be one or more of the following:
- So that we can make and fulfil your booking or otherwise perform our contract with you
- Because it is in our legitimate interests to use your personal information to operate and improve our business as a travel agency
- To comply with a legal obligation
- To protect the vital interests of you or another person
- Because you have consented to our using your information for a particular purpose
4. HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?
Protecting the confidentiality and integrity of your personal data is a responsibility that we take seriously at all times. We use appropriate technical and organisational measures to help to keep personal data secure against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
5. WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?
- Within Anytime Travel Group – we share personal information with the other companies in our group where necessary for them to be involved in providing the services you have requested. This privacy notice applies to their processing of personal information as well as to WOWcruise’s.
- With Hays Travel and the relevant suppliers of your travel arrangements – in order to provide products or services requested by you we share personal data with suppliers of your travel arrangements, including airlines, hotels and insurance providers. In many cases such suppliers will themselves separately be controllers of your personal data.
- With payment processing companies – to process your payments.
- With regulatory authorities – it may be necessary to disclose personal data for immigration, border control, security and anti-terrorism purposes, or any other purposes required by regulatory authorities.
It is often necessary for us to send your personal information outside the European Economic Area to fulfil your travel arrangements. This is because the suppliers providing your travel services are located around the world. Also your personal information may need to be transferred to border control and immigration outside of the EEA. This may involve sending your data to countries where under their local laws you may have fewer legal rights.
6. MARKETING COMMUNICATIONS
We would like to store and use Your personal data for future marketing purposes. When you book or register with us we will ask if you would like to receive marketing communications. If you have previously agreed to receive marketing communications we may send you relevant offers and news about our products.
You can change your marketing preferences by contacting us in any way or by using the ‘unsubscribe’ link in our marketing emails.
We will respect your choice as to what communications you wish to receive and the methods by which you are sent them.
7. DATA RETENTION
8. YOUR RIGHTS AND CHOICES ABOUT THE PERSONAL INFORMATION THAT WE HOLD
- You can ask us for a copy of the information that we hold about you
- You can also ask us to correct any information which you don’t think is correct or to delete the information we hold about you
- To comply with these requests we may need you to confirm your identity by providing documents or additional information
- You have the right to lodge a complaint about how we have handled your personal information with the Information Commissioner's Office (ICO)
9. CONTACT DETAILS
Our postal address is WOWcruise, South Gate House, Wood Street, Cardiff, CF10 1EW. Our email address is firstname.lastname@example.org.