Sublime Travel Booking Terms and Conditions
Please read the following booking conditions carefully. All holidays are sold by us subject to these booking conditions and the other general information in this booklet, our brochures and quotations.
Sublime Travel Limited of 591 East Side Complex, Pinewood Studios, Iver, Bucks, SL0 0NH, referred to as (‘we’, ‘us’, ‘our’) in this contract. Sublime Travel are holders of Civil Aviation Authority ATOL License No 9557) offers a number of products and the trading names we use are ‘Sublime Travel’, and ‘Sublime Luxury Travel’. In these booking conditions, ‘you’ and ‘your’ means all persons named on the booking, or any of them as applicable (including anyone who is added or substituted at a later date). References to “departure date” mean the start date of the holiday arrangements you have booked with us.
1.PAYING FOR YOUR HOLIDAY
(i) All bookings are subject to these booking conditions and by asking us to confirm your booking, and by paying a deposit. The person who makes the booking is taken to have accepted these booking conditions on behalf of all persons named on the booking. Once we have received the applicable payment(s) due at the time of booking (see below), we will, subject to availability of the requested arrangements, send you your booking confirmation/invoice. Please check your booking confirmation and all tickets/documents carefully as soon as you receive them and contact us immediately if you think any details are incorrect. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within seven days of our sending it out. We will do our best to rectify any errors notified to us after this, but you must meet any costs involved in doing so. (ii) The deposit is part payment of the holiday cost. The deposit required will be shown on the quotation document. In addition to the deposit, full or part payment of certain elements of your holiday (such as flights) may be required at the time of booking or at some point between booking and balance due date. Also see section 1(iv) for other advance payments which may be required. The balance must be paid not later than the date specified on the booking confirmation/invoice. This is normally no less than 8 weeks before the departure date. However, there are a few destinations or trip components that require payment no less than 90 days before the departure date which will be specified on your booking confirmation/invoice and quotation. If we do not receive all payments due in full and on time, we will remind you that payment is due before treating your booking as cancelled. In the event that further time for payment is agreed at your request but payment is still not received, you must pay the cancellation charges shown in section 3 based on the date we treat your booking as cancelled.
(iii) Full payment is required at the time of booking for all bookings made after balance due date as above.
(iv) On occasions, we may be asked by suppliers to make payment to them earlier than normal. Such requests may, for example, be made in order to secure accommodation and other services during periods of peak demand. Whilst suppliers may have no contractual right to make such requests, failure to comply with them may result in the loss of confirmed arrangements. Where this situation arises, we reserve the right to ask you to make payment of the requested sum within a stipulated period and prior to balance due date. We will of course endeavour to avoid doing so if we can. Any such early payment will be non-refundable except as set out in section 4.
(v) If you are booking your holiday through one of our authorised travel agents the balance must be paid to the agent two weeks prior to the applicable balance due date as specified on the booking confirmation/invoice and quotation. All payments made to one of our authorised travel agents for the arrangements we have contracted to provide for you which do not include flights will be held by them on our behalf. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for these arrangements will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us. If you book your holiday through a travel agent who is not a member of ABTA, all payments must be made to us directly and not your travel agent. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.
- IF YOU CHANGE YOUR HOLIDAY
If, after the contract between us has come into existence, you want to change your holiday we will pass your request to the relevant supplier, however we cannot guarantee that such changes can be made. Where a change can be made, we will charge for any additional costs incurred including any costs imposed or incurred by any of our suppliers and including for example cancellation charges that may be incurred for sectors cancelled. You should note, for example, that a change of name on or other alteration to an airline ticket will usually incur a 100% cancellation charge and full rebooking fee. For booking transfers, see section 5.
- IF YOU CANCEL YOUR HOLIDAY
You may cancel your confirmed booking at any time prior to departure. Where you wish to do so, written notification must be sent to us by recorded delivery post or by email. As proof of receipt by an email notification you must ensure you receive and retain written acknowledgement from Sublime Travel.
If you wish to cancel your entire booking, a cancellation charge will be payable by you calculated from the date your written notification is received by post, or your email notification is acknowledged by Sublime Travel. In calculating cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable for tailor-made holiday arrangements.
There are elements to the cancellation charge payable as follows:
|Number of days prior to departure
|Up to 70 days
|69 – 43 days
|42 – 22 days
|21 – 11 days
|10 – 4 days
|3 or less
(ii) in addition to (i), any amounts paid in addition to the deposit at the time of booking or before the cancellation date (see 1(ii) and 1(iv)) which are non-refundable in the event of cancellation; and (iii)(in addition to (i) and (ii) above) any other payments and direct charges we are contractually required to make to third parties in connection with your holiday although we shall endeavour to mitigate these to the extent we can reasonably do so. In respect of cancellation of part of your booking, the cancellation charge payable by you will comprise any direct cancellation costs and charges we incur as a result of such cancellation, our reasonable administration costs of dealing with the cancellation arrangements, plus any payments we are contractually required to make to third parties in connection with the cancelled part of the holiday to the extent not already paid under section 1(ii) and/or section 1(iv) above, although we shall endeavour to mitigate these to the extent we can reasonably do so. Alterations or cancellations by you after commencement of travel and unused services.
We will do our best to implement any changes to your arrangements you request once they have commenced, but we cannot guarantee this will be possible. In the event of such amendments being made you will be liable for any direct cancellation charges that may be levied for the services originally booked, and for the cost of booking the revised arrangements and the arrangements themselves. We cannot guarantee refunds will be paid to clients who do not complete a tour. However, where we ourselves are able to obtain a refund from hotels or principals for services not used, we will pass this on to you, less any reasonable administration charges.
THE IMPORTANCE OF TRAVEL INSURANCE
It is a condition of you booking with us that you have travel insurance for your trip. Depending on the detail of your policy, you may be able to recover the cancellation charges less any excess on your travel insurance policy. Never travel without insurance, the unexpected can always happen. It is your responsibility to ensure you are adequately covered by insurance for all elements of your trip. Please read your policy and take it on holiday with you.
- IF WE CHANGE YOUR HOLIDAY
- a) Changes to confirmed holiday arrangements sometimes have to be made. Most changes will be insignificant, and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. (b) Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in section 11. Where we have to do so, section 4(c) and (d) will apply. All other alterations will be treated as insignificant changes. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away*, a change of accommodation area for the whole or a major part of the time you are away, a change of UK outward departure time or overall length of time you are away of 12 or more hours or a change of UK departure airport to one which is more inconvenient for you (except as between Gatwick and Heathrow).
*Please note: A change affecting a stay in a hotel during a tour where the hotel itself is not the focus of the tour, does not constitute a significant change.(c) In the event that we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration(s) and any impact they have on the price; (ii) in the event that you do not wish to accept the alteration(s), details of any substitute package we are able to offer (and any price reduction where this is of a lower quality or cost); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration(s) or any substitute package offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.(d) If you choose to cancel your booking in accordance with section 4(c), we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. If we don’t hear from you with your decision within the specified period (having provided you with the above-mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of our doing so. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see section 6).
(e) In the event that unavoidable and extraordinary circumstances (see section 6) occurring in the place of destination of your holiday or its immediate vicinity significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges. We will notify you as soon as practicable in the event of this situation occurring.
(f) Occasionally, it may be necessary to cancel confirmed holiday arrangements. We have the right to terminate your contract and cancel your holiday in the event we are prevented from performing your confirmed arrangements as a result of unavoidable and extraordinary circumstances (see section 6) and we notify you of this as soon as reasonably possible. Where we have to cancel your holiday in these circumstances, we will refund all non-refundable monies you have paid to us but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you comparable alternative arrangements where possible which you may choose to book in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case section 2(ii) and 3 will apply.(g) If we have to make a significant alteration or cancel, we will, where compensation is appropriate, pay you the compensation set out in the table below, subject to the exceptions to the payment of compensation referred to in section 4(d) and 4(f).
Period of notification before
scheduled departure date
Compensation per person
|More than 60 days
|60 – 43 days
|42 – 29 days
|28 – 15 days
|14 – 0 days
You may transfer your place on your booking to another person (introduced by you) provided the person to whom the place is to be transferred satisfies all conditions which form part of your contract with us.
Requests for a transfer must be made not less than 7 days before departure and must be accompanied by the name and other applicable details of the person(s) who will replace you.
Where the transfer can be made, all reasonable costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50.00 must be paid before the transfer can be affected. Any overdue balance payment must also be received. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight for the person concerned.
- UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except as expressly set out in these booking conditions, we cannot accept liability or pay any compensation or other sums where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss or damage (as more fully described in section 7 (i) below) as a result of unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances mean a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity, industrial action, natural or nuclear activity, epidemics/pandemics, adverse weather conditions and fire.
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. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as force majeure, and while we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation
- FLIGHTS AND YOUR RESPONSIBILITY
The flight details shown in your itinerary quotation are for guidance only and are subject to change. Final details will be confirmed on your travel documentation, sent approximately 14 days prior to departure. The times shown on all e-tickets are local times. It is possible that flight times may be changed even after e-tickets have been dispatched – we will contact you as soon as possible if this occurs. In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en
We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of section 4 will apply. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges unless the change is a significant alteration in accordance with section 4.
We can accept no responsibility if you arrive late for the check in and miss your flight as a result nor can we accept responsibility for any loss by you of your holiday/flight travel tickets, vouchers or coupons. Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note that smaller local carriers sometimes change the departure time of short-haul or domestic flights at short notice, and in some instances, schedules shown in global flight information systems differ from those actually flown by smaller local carriers. We advise you that it is your responsibility to be meticulous in locally reconfirming directly with the carrier operating the flight. We accept no liability for the consequences of flights missed owing to the passenger’s failure to reconfirm or to check e-mails for notification of flight time changes. Clients flying in economy class to long-haul destinations should be aware that flights are often full, and you may not be able to get seats together. We also recommend that you check in early for a long flight, and in any case not less than 3 hours before the scheduled departure time.
If your flight is cancelled or delayed, your flight ticket is downgraded, or boarding is denied by your airline depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with refreshments, meals and accommodation under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk/Passengers/Resolving-travel-problems for further details.
You undertake to behave with propriety and in such a manner as not to cause or be likely to cause material distress, danger or upset to other clients and/or any third party or damage to property. If we, our employees, agents or suppliers consider you do not behave accordingly, we reserve the right to terminate your contract and neither we nor the providers of any of the services in question will have any further contractual obligations to you either in respect of covering any expenses, paying any compensation or refunds, or arranging for your return home. When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
You must ensure that all your travel documents, passports, visas, vaccination certificates and currency are in order and valid for travel. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. We will assume you are a British citizen with a British passport and if this is not the case, you must advise us at the time of booking. Passport, visa and other requirements may change so you must check the up to date position in good time before departure. If failure to have any necessary travel or other documents results in fines or other financial penalty being imposed on us or expenses or costs being incurred by us, you will be responsible for reimbursing us accordingly. The name on your airline tickets must be exactly the name that appears on your passport.
Please note that if you believe that we have stated orally that a particular facility or service should be available but is not in the brochure or in writing from us, please make reference to it via email when booking so that we may confirm it to you when accepting your booking.
Should you have any complaints about any aspect of your holiday arrangements, you must inform us immediately and the supplier of the arrangements concerned. Problems can most easily be dealt with on the spot. Please note, if you do not report a problem or complaint which, if it had been reported at the time it occurred could have been resolved there and then we cannot accept any liability in respect of that problem or complaint. It is sensible to expect a client travelling in the developing world to be reasonably resourceful if things go wrong.
If the issue cannot be resolved locally you can contact us in the UK on our 24hour emergency telephone service. The number will be found in your Travel Documentation. In the unlikely event that an acceptable solution cannot be found, you should then write to us within 28 days of your return with full details of your complaint. If you fail to follow this complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result. If we cannot reach an amicable solution to any dispute you do have the right to refer the dispute to an Independent Dispute Service (details on request) for resolution of the dispute by a mediator provided the claim does not involve personal accident, injury or illness.
- THE BROCHURE AND QUOTATION
We have taken every care in ensuring that the information in the brochure, on our website and given in quotations/itineraries is correct at the time of publication. However, we are sure you will appreciate that subsequent alteration may occur. We reserve the right to change any of the prices, services or other particulars contained in our brochure, on our website or in any quotation at any time before we enter into a contract with you. If there is any change, we will notify you before we enter into such contract. Where we state that additional information, a fact sheet or a dossier is available on a particular itinerary or programme, this information should be regarded as a part of the contract.
The hotel classifications given on our website, in our brochures, quotations and dossiers and fact sheets are for guidance use only. They are not based on any national or international classification system, they are the opinions of our staff or agents and are quite subjective. The photographs that appear in the accommodation are protected by their respective copyright owners or those of the properties they showcase. Properties may have been upgraded or have had alterations since photographs were taken, they are only a guide.
- SPECIAL REQUESTS AND REDUCED MOBILITY / MEDICAL CONDITIONS / DISABILITIES
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your booking confirmation or any other documentation is not a guarantee that the request will be met by the relevant supplier. All special requests are subject to availability. Special requirements we have accepted will be specifically confirmed as accepted on your confirmation. Before you make your booking, we will advise you as to whether the proposed arrangements are generally suitable for someone with reduced mobility or medical condition. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
- YOUR FINANCIAL PROTECTION
We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 9557). When you buy an ATOL protected flight or flight inclusive package 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. 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 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. The Package Travel and Linked Travel Arrangements 2018 for Sublime Travel and in the event of our insolvency, protection is provided for the following:
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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For further information, visit the ATOL website at www.caa.co.uk
Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme.
Please note that we do not provide or arrange excursions other than those listed in your itinerary and forming part of the arrangements booked and paid for in the UK. Our local representatives or guides may put you in touch with local organisers of excursions if you request but we can have no liability for such excursions, as your contract for such excursions will be with a local company providing the services and not with us.
- PRICES AND BROCHURE ACCURACY
Please note, the information and prices shown on our website, in our brochures and/or quotations may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the website, brochures, quotations and prices at the time of printing or when they are given to you, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
- DATA PROTECTION
You consent to us processing personal information about you and other members of your party including sharing your personal information with third parties (including airlines, local accommodation or service providers) to arrange and provide your holiday.
- YOUR CONTRACT WITH US
Your contract with us and all matters arising out of it for your holiday arrangements (including contractual and non-contractual disputes and claims) are governed by English law. We both irrevocably agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday arrangements (including non-contractual disputes and claims), will be dealt with by the AITO dispute resolution scheme (where available for the dispute or claim in question – see section 8) or exclusively by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings may be brought in the courts of your home country. If court proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and all matters arising out of it or your holiday arrangements governed by the law of Scotland/Northern Ireland as applicable you do not so choose, English law will apply as referred to above.
- FOREIGN OFFICE ADVICE
The UK Foreign Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel- advice and https://travelaware.campaign.gov.uk/ which you are recommended to consult.
- ASSISTANCE DURING YOUR HOLIDAY
In the event you end up in difficulty (of any sort) during your tour, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
- COVID-19 ACKNOWLEDGEMENT
Guest must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by Sublime staff during their journey. Guest may not travel if they test positive for COVID-19 during the 14 days prior to departure; standard cancellation terms will apply. Guest must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks are required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and in accordance with local regulations. Noncompliance with these measures will result in not being able to continue on the journey. Guest voluntarily assumes all risks and related expenses in the event that they or any member of their travelling party require testing, quarantine or become infected with COVID-19.