Booking Conditions - themeparkbeds.com
We are ATD Travel Services Ltd trading as Complete Orlando. References to "you" and "your" in these booking terms means all persons on the booking (including anyone added or substituted at a later date). "We", "us" and "our" means ATD Travel Services Ltd trading as Complete Orlando.
Please Note: If your booking was confirmed before 2nd July 2014, the following booking conditions will not apply. Click here to see the booking conditions that apply to your booking.
We act as booking agent for themeparkbeds.com in respect of all bookings we take and/or make on your behalf. For all arrangements, your contract will be with themeparkbeds.com and their terms and conditions will apply to your booking. All money you pay to us for confirmed arrangements will be held on behalf of themeparkbeds.com, and if the arrangements you have booked require financial protection by law, themeparkbeds.com will arrange for your money to be so protected.
You must be 18 years old at the time of booking and possess the legal capacity and authority to act and travel as the lead name on the booking. We will only deal with the lead name on the booking in all correspondence.
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed.
1. Our agreement
A binding agreement for your arrangements will come into existence between you and Themeparkbeds.com when we issue a confirmation on their behalf. Please check all details on the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you don’t.
If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within a week of travel.
You must make payment for your arrangements in accordance with the instructions we or Themeparkbeds.com give you. If we do not receive any payment due in full and on time, Themeparkbeds.com may treat your booking as cancelled by you in which case they may charge cancellation charges set out in their terms and conditions.
We strongly advise that you ensure that you are covered by adequate travel insurance for your booked arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness.
4. Special requests
Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try arrange for Themparkbeds.com to meet your reasonable special requests, we cannot guarantee that they will be fulfilled. Special requests that have been noted on your confirmation or any other documentation do not amount to a promise to meet that request. A 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.
5. Disabilities and medical problems
If you or any member of your party has any medical problem or disability which may affect your chosen arrangements, please provide us with full details before Themeparkbeds.com confirms your booking so that we can try to advise you as to their suitability for you.
6. Changes and cancellations by you
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us or Themparkbeds.com in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us or Themparkbeds.com and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we and Themeparkbeds.com incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out in the booking conditions of Themeparkbeds.com.
7. Changes and cancellations by Themeparkbeds.com
We will inform you as soon as reasonably possible if Themeparkbeds.com needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and them in relation to any alternative arrangements offered but we will have no further liability to you.
8. Force Majeure
Except where otherwise expressly stated in these booking 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(s) of the service(s) 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 including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Because the contract for your arrangements is between you and Themeparkbeds.com, any queries or concerns about those arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their agent immediately. If you have any complaints concerning any booking services we provide, you must inform us straight away in writing and in any event within 28 days of the end of any arrangements booked through us.
10. Our responsibility for your confirmed arrangements
Your contract for the supply of your arrangements is with Themeparkbeds.com and its booking 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.
i) 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:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) 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
(c) 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
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
ii) We will not be responsible or pay you compensation:-
a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
iii) Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
(a) whether or not you have followed the complaints procedure as described in these conditions. 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.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c) when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.(Please also note that where any payment is made, the person(s) receiving it (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.)
iv) We limit our responsibility to you in the following situations:-
(a) Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money 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 assumed to have adequate insurance in place to cover any losses of this kind.
(b) 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 all claims not falling under (a) or (b) above and which don’t involve injury, illness or death these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
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.
11. Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
12. Financial security
We do not provide any financial security for the arrangements featured on this website but Themeparkbeds.com provide protection for the package holidays we sell on their behalf by ensuring that all money paid by you for any package is paid into a separate and designated trust account administered by Travel Trust Services Ltd trading as Serenity Travel Trusts. Your money will remain there until you have completed your contracted travel arrangements. This means that in respect of all arrangements requiring protection, in the event of the insolvency of Themeparkbeds.com, funds will be available to ensure that your arrangements can be provided as planned or if they can’t, you will receive a refund of the money you have paid for your arrangements. If you book arrangements other than a package via us, your monies will not be financially protected. Please ask us for further details.
13. Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.gov.uk/browse/abroad/passports
Special conditions apply for travel to the USA. All passengers must have individual machine readable passports, and an ESTA (electronic authorisation) if travelling without a visa. Please check www.usembassy.org.uk
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or 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 passport, visa, immigration requirements or health formalities.