TERMS OF BUSINESS
THESE TERMS OF BUSINESS APPLY TO ALL TRAVEL ARRANGEMENTS WE PERFORM ON YOUR BEHALF. BY ASKING LA CONCORDIA TO START WORK ON YOUR TRIP, WHETHER THAT BE PROVIDING IDEAS, RESEARCHING OPTIONS, PUTTING TOGETHER A BESPOKE ITINERARY OR MAKING TRAVEL ARRANGEMENTS FOR YOU, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS OF BUSINESS.
“la Concordia”, “us” and “we” refer to la Concordia Personal Travel Planning LLP, a limited liability partnership registered in England with registration number OC374977 and registered office address: 11 Wolseley Place, Manchester, M20 3LR.
“Third Party Supplier/Principals” refer to suppliers we use to provide your Travel Arrangements, including but not limited to: airlines, hotels, tour operators and our preferred partners in the country (countries) you are travelling to, and your contract for the provision of the Travel Arrangements shall be with the Third Party Supplier/Principals.
“Travel Arrangements” mean the accommodation, flights, transport, car hire, activities, excursions and any other travel services we arrange on your behalf.
2. HOW WE WORK
Before we start work crafting your bespoke itinerary, we like to find out as much information about you, the way you like to travel and the requirements of your trip and will therefore need to ask you a number of questions. This will either be over the phone, via email or in person. This information will help us in making the right recommendations for you.
Once we have all our information, we will start planning your trip from the big picture inspiration to slotting all the small pieces together. We will determine the best way of you getting to your desired location, the types of accommodation that might suit, how the trip should flow (how many nights where and in which order) and what you can see and do once there. We will then work with you to narrow down our recommendations. This then forms the basic elements of your trip and enables us to get prices.
Generally we price trips by each individual component (flights, hotels, car hire etc.). But sometimes we may get a package price (flights and accommodation) from one of our ATOL Bonded partners here in the UK, if it works out better price wise. We shall always act as an agent on behalf of the partner, and your contract for the package shall be with them, not la Concordia. Or, particularly with more complex trips, we may work with our preferred partners on the ground in the country (or countries) you are travelling to. These are ground partners we have built excellent relationships with who are experts in their country. These preferred partners will often provide an all-in price for the ground arrangements (accommodation, transfers, car hire, tours, internal flights (not those departing / returning from /to the UK) etc.). Please see Section B for further information on our legal obligations in relation to these bookings.
We select all Third Party Supplier/Principals with due care and attention, only working with ones of the highest quality. However we cannot guarantee the Travel Arrangements they provide to you. We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from the services or products they provide, unless we have negligently failed to select a normally competent Third Party Supplier/Principal.
Confirming your trip
All payments are always made directly to the Third Party Supplier/Principals. We do not collect or hold any payments on your behalf in relation to the Travel Arrangements.
Once your Travel Arrangements are secured and your trip is confirmed, we can still tweak things to ensure the trip is perfect. Additions to an itinerary are generally easy, subject to availability. For any cancellations, which we require you to put in writing (see clause 9), we will try our very best, but remember these will be subject to the specific terms and conditions of each Third Party Supplier/Principal and so cancellations may not be possible or may incur a cost.
Prior to departure
A few weeks before your trip, you will receive your Travel Documents and a detailed itinerary containing everything you need to know. It is your responsibility to check these documents carefully and to notify us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where we made the mistake in question.
On your return
We are always very excited to hear about your trip. Your frank and open feedback helps us improve our services. It also helps us get to know you even better, so we’ll have just the right suggestions when you’re looking for inspiration on where to go next. You can email us (firstname.lastname@example.org) or call us (+44 (0) 7734 540914) with your feedback, whichever suits you.
Appointment of agency
You hereby appoint us to act as your agent for the purposes of sourcing, arranging and booking the Travel Arrangements on your behalf, with the Third Party Supplier/Principals.
3. OUR FEE
It takes a lot of time and effort to create a unique travel experience from scratch, for which we charge a trip planning fee of £80 per hour. For that you are getting a truly bespoke product with our expertise. We take all the hard work and hassle out of the process so that you can sit back and enjoy an amazing and seamless trip.
It is often difficult to determine how long planning a trip will take as it depends on a number of factors such as your requirements, hotel availability, complexity of the itinerary and changes you may decide to make along the way. We will keep you up to date on a regular basis of our time on the clock. We will not invoice you until close to your departure date. Once invoiced, we require full payment within 7 days of the date shown on the invoice.
4. YOUR CONTRACT
When organising your trip we will arrange for you to enter into a contract with the applicable Third Party Supplier/Principal (e.g. tour operator / airline / accommodation provider) of the Travel Arrangements, as specified on your confirmation document. As your agent, we accept no responsibility for the acts or omissions of the Third Party Supplier/Principal or for the Travel Arrangements provided by them. The contract between you and the Third Party Supplier/Principal is subject to the specific terms and conditions of the relevant Third Party Supplier/Principals.
Your booking is confirmed, and a contract between you and the Third Party Supplier/Principal will exist, when the Third Party Supplier/Principal issues you with a booking confirmation.
5. TRAVEL INSURANCE
It is essential and a condition of us organising your Travel Arrangements that you (and every member of your party) have comprehensive travel insurance suitable for your trip, the country (countries) you are travelling to and the activities you plan to undertake once there. Having appropriate travel insurance in place is your responsibility. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip which are as a consequence of inappropriate travel insurance. We assume that when you ask us to start planning your trip you have the necessary travel insurance in place.
6. HEALTH REQUIREMENTS
It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Some countries require certificates for mandatory vaccinations such as Yellow Fever. Health requirements and recommendations may change and you must check the up to date position before departure.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents and we will not be responsible if you are denied entry into a country for not meeting the appropriate health formalities.
7. TRAVEL DOCUMENTS AND PASSPORT
It is your responsibility to ensure that you (and every member of your party) have a valid passport and meet all necessary entry requirements for the country (or countries) you will be travelling to, even if you are just in-transit. This may mean you need a visa or have at least 6 months still to run on your passport after your return date. We will do our best to inform you of the general requirements for British Citizens only. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country (countries) to or through which you are intending to travel. These requirements vary by country and nationality of the traveller and can change from time to time.
Please also ensure that the name on the passport corresponds with your airline tickets and that your passport contains at least one completely blank page to allow for immigration stamps.
Ultimately, it is your responsibility to ensure that you and every member of your party have all the necessary travel documents to enter a country. 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 all required documentation or otherwise comply with any passport, visa or immigration requirements.
8. UNFORESEEABLE CHANGES TO YOUR TRIP
It is sometimes necessary (or recommended) for changes to be made to your itinerary after it has been confirmed with your deposit. This is most common when a Third Party Supplier/Principal makes changes that are beyond our control, such as a flight cancellation or schedule change. In other instances, changes may be necessary due to extreme weather conditions or events in a region. We will always do our best to rework the itinerary in a way that minimises changes to the flow and pricing of your trip. However, if the itinerary changes require us to re- price your trip, you will be responsible for the difference in cost.
9. IF YOU WISH TO MAKE A CHANGE OR CANCEL YOUR TRAVEL ARRANGEMENTS
If you wish to make any amendments or cancel your confirmed Travel Arrangements, please contact us in writing via email (email@example.com). Please ensure that you have received written confirmation of any changes to your Travel Arrangements prior to travel. Whilst we will try to assist, we cannot guarantee that the Third Party Supplier/Principals will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Third Party Supplier/Principals of the Travel Arrangements. The Third Party Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee calculated on the basis of our hourly rate.
Please note: Some Third Party Supplier/Principals do not allow changes and therefore full cancellation charges will apply. In addition, in most circumstances, changes to the itinerary once in country will not be possible.
10. FLIGHT TIMINGS AND TRAVEL DELAYS
The flight timings given when any flights are booked on your behalf, and detailed in your travel itinerary, are for general guidance only and are subject to change. We will contact you as soon as possible if this occurs. It is your responsibility to arrive in good time at the stated departure place and any loss or damage which you suffer through failure to do so lies with you, we have no liability whatsoever to you. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by the airline, you must pursue the airline for the compensation due to you, we have no liability to make any payment to you in this regard.
11. If Something goes wrong
If you encounter any problems during your holiday, please notify the Third Party Supplier/Principal detailed in your itinerary immediately, who will endeavour to put things right. If your complaint is not resolved locally, or if you wish to speak to la Concordia, please contact us on +44 (0) 7734 540914.
If you wish to complain when you return home, write to the Third Party Supplier/Principal. You will see their name and contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us at firstname.lastname@example.org.
If you wish to complain about any service we have provided to you (i.e. our travel planning service) then please contact us directly at email@example.com.
Please note that if you do not feel your complaint has been resolved satisfactorily, then you can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr.
We are committed to acting in your best interests and will do our utmost to create and deliver the perfect trip for you. For the avoidance of doubt, although we provide recommendations when planning and arranging your trip, you are deemed to be responsible for, and shall use your own skill and judgment as to the quality, value and suitability of any such recommendations.
Your contract for the Travel Arrangements is with the Third Party Supplier/Principal and subject to their terms and conditions. We accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to helping you plan your trip in accordance with your instructions.
Save in respect of death or personal injury caused by la Concordia’s negligence or any of its employees, or as expressly provided for in these Terms of Business, we shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the Travel Arrangements we book on your behalf or your reliance upon any information and recommendations provided by us or the resulting supply of Travel Arrangements provided to you by any Third Party Supplier/Principal. Further, we have no liability to you in any event for any consequential loss which you may suffer in relation to any arrangements which you may have booked yourself.
la Concordia shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival, or any other fault of you.
Subject to the provisions of this clause 12, la Concordia’s maximum liability to you for any breach of its obligations hereunder shall be limited to our fee in respect of the work we have provided, assuming the charge has, at such time, been paid by in full by you. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. You shall indemnify la Concordia against any loss or consequential loss.
13. FORCE MAJEURE
Except where we say differently elsewhere in these Terms of Business, we regret that we cannot pay any compensation, reimburse expenses or cover losses for any amount or otherwise accept responsibility if Third Party Supplier/Principals cannot supply your Travel Arrangements or you suffer any loss or damage of any description as a result of circumstances beyond our control or the control of the Third Party Supplier/Principal. Such circumstances will usually include, but are not limited to, war (and threat of war), terrorist activity (actual or threatened), riot, civil unrest, industrial disputes, bad weather (actual or threatened and including ash clouds), technical or maintenance problems with transport, natural or nuclear disaster, fire, acts of God, closure of airports, changes of schedules or operational decisions of transport providers and significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date.
14. PERSONAL INFORMATION AND PRIVACY
Your privacy is important to us. We collect personal information from you when we start working with you. This information is necessary in order to plan your trip effectively, ensure your travel arrangements run smoothly and that they meet your requirements.
We are required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. In addition please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your travel arrangements. We will not be held responsible if you fail to provide or comply with relevant API requirements.
15. ATOL EXEMPT FLIGHT BOOKINGS
Where we book a flight on its own for you directly with the airline, we will pay for the flight in full at the time of booking using your debit or credit card, and immediately forward on to you the confirmed flight ticket issued by the airline. This flight booking will not be protected under the ATOL scheme. Please see clause 18 for further information on the flight bookings which are protected by our ATOL.
16. APPLICABLE LAW AND JURISDICTION
These Terms of Business are governed and construed in accordance with the laws of England and Wales. All disputes or differences which shall at any time arise between the parties concerning this agreement or its construction or effect or the rights, duties or liabilities of the parties under it or any other matter in any way connected with or arising out of the subject matter of this agreement shall be subject to the exclusive jurisdiction of the Courts of England.
17. COMPANY DETAILS AND CONTACT
la Concordia Personal Travel Planning LLP is registered in England & Wales (Registered Number: OC374977) with a Registered Address at 11 Wolseley Place, Withington Manchester, M20 3LR. If you have any queries or comments about these Terms of Business please email us at firstname.lastname@example.org.
PREFERRED PARTNER PROGRAMS
Occasionally, for certain destinations outside the European Economic Area (EEA), we may work with our preferred partners on the ground. These preferred partners will often provide an all-in price for the ground arrangements (accommodation, transfers, car hire, internal flights, tours etc.) (“Packages”). Since these preferred partners are based outside the EEA, we will accept responsibility for those bookings under Regulation 27 of the Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs). Although we are still only arranging the Travel Arrangements on your behalf, and your contract for the Travel Arrangements remains with the Third Party Supplier/Principal, and subject always to the Third Party Supplier/Principal’s terms and conditions, we will comply with the certain requirements as required to do so under the PTRs and as outlined in this section (which applies in addition to the Third Party Supplier/Principal’s terms and conditions):
18. ATOL PROTECTION
Where the Package includes internal flights, this Package will be protected under our Air Travel Organiser’s License (“ATOL”) number 10597 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email email@example.com. Where your booking is ATOL protected, 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.
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.
Please note that our ATOL protection only applies to Packages which include internal flights and does not include and flights that start / end in the UK. Where you ask us to book international flights on your behalf, these are booked separately to the Package booking. Accordingly, your international flights will either fall within the ATOL exemption specified at clause 15 where we book the flights directly with the airline using your credit or debit card, or where we make a booking on your behalf with a flight consolidator or other Third Party Supplier/Principal, the flights will be protected under that third party’s ATOL (and we will act as an agent for the ATOL holder in those circumstances).
19. OUR RESPONSIBILITIES IN RESPECT OF PACKAGES
(1) Although we are still only arranging the Travel Arrangements on your behalf and your contract will be with the Third Party Supplier/Principals, we will accept responsibility for the Travel Arrangements making up your Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, strictly as set out below. As such, we are responsible for the proper provision of all the Travel Arrangements included in your Package, as set out on your confirmation. Subject to these Terms of Business, if we or the Third Party Supplier/Principals negligently perform or arrange those Travel Arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation will be calculated taking into consideration all relevant factors (but not limited to): (a) following the complaints procedure as described in these Terms of Business; (b) the extent to which ours or our employees’ or the Third Party Supplier/Principal’s negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or the Third Party Supplier/Principals have been negligent if you wish to make a claim against us.
(2) 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; or
b. the act(s) and/or omission(s) of a third party unconnected with the provision of the Travel Arrangements forming part of your Package and which were unavoidable and extraordinary; or
c. Force Majeure (as defined in clause 13).
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a. 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.
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 these claims is up to three times the price paid for the Package 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 booking.
c. Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your Package booking with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this Package booking.
ii. In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you arising out of your Package booking, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and the Third Party Supplier/Principals strictly in accordance with the complaints procedure set out in these Terms of Business.
(5) 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.
(6) Please note, we cannot accept any liability for any damage, loss or 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; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which were not included on your booking confirmation. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(8) Where it is impossible for you to return to your departure point as per the agreed return date of your Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, 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 back to your departure point.
20. INSOLVENCY PROTECTION FOR PACKAGE PAYMENTS
Where your Package includes a flight, it will be protected by our ATOL. Please see clause 18 for further information on ATOL protection. For all other Packages, since we do not collect or hold any payments in relation to the Travel Arrangements (as payments are always made directly to the Third Party Supplier/Principals), we are not under any legal obligation to provide insolvency protection in relation to those Packages.
21. PROMPT ASSISTANCE FOR PACKAGES
If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative Travel Arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative Travel Arrangements or other such assistance you require. Any Third Party Supplier/Principal, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Terms of Business, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own Travel Arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.