1.Booking Terms and Conditions
The following Booking Terms and Conditions together with (where applicable) the written Agency Agreement in place between the Company and the Customer form the basis upon which either of the following companies provide Travel Arrangement Services to the Customer:
- a) Clarity Travel Limited is a company incorporated and registered in England and Wales with company number 07413801, whose registered office is situated at 4th Floor, Churchgate House, 56 Oxford Street, Manchester, M1 6EU
- b) Portman Travel Limited a company incorporated and registered in England and Wales with company number 00620104, whose registered office is situated at 5 Hargreaves Court, Dyson Way, Staffordshire Technology Park, Stafford, ST18 0WN
(together trading as Clarity and referred to collectively as the “Company” in these Booking Terms and Conditions).
The specific company that is to provide the Travel Arrangement Services will be confirmed to the Customer during the booking process.
Where there is any conflict between these Booking Terms and Conditions and a written Agency Agreement, the written Agency Agreement shall take precedence to the extent of such conflict only.
The Customer agrees to make each and every Passenger aware of the provisions of these Booking Terms and Conditions prior to any use by the Customer or Passenger of the Travel Arrangement Services.
By making use of the Travel Arrangement Services, the Customer / Passenger (as appropriate) agrees that:
- a) it has read these Booking Terms and Conditions and the written Agency Agreement and agree to be bound by them;
- c) it accepts financial responsibility for payment of any booking of Travel Services on behalf of all persons detailed on the booking.
“Customer” means any person, firm or Company to whom the Company provides Travel Arrangement Services;
“Passenger” means any passenger in respect of whose travel requirements the Company provides the Travel Arrangement Services on the instructions of the Customer;
“Personal Data” shall have the meaning set out in s.1 (1) of the Data Protection Act 1998;
“Travel Arrangement Services” means the Company’s services in recommending, booking and/or otherwise arranging, facilitating, negotiating and/or reporting upon Travel Services;
“Travel Services” means all travel by air, land or sea, accommodation, car hire, travel insurance or other related travel services provided by Third Party Suppliers to the Customer;
“Third Party Supplier(s)” means any third party(ies) who supply Travel Services.
3.1 The Company shall act as the Customer’s disclosed agent in providing the Travel Arrangement Services and the Customer therefore hereby appoints the Company to act as its agent for such purposes. When making a booking of Travel Services the Company will arrange for the Customer to enter into a contract with the applicable Third Party Supplier of the Travel Services in question.
3.2 The Customer’s use of the Company’s Travel Arrangement Services and any booking of Travel Services made as a result is subject to these Booking Terms and Conditions and the specific booking conditions of the relevant Third Party Supplier that the Customer or any Passenger contracts with and the Customer / any Passenger are advised to read both carefully prior to booking. The Third Party Supplier’s terms and conditions may limit and/or exclude the Third Party Supplier’s liability to the Customer or any Passenger. Copies of applicable conditions are available on request from us.
3.3 For the avoidance of doubt, the Company shall not be responsible for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Customer or any Passenger (directly or indirectly) as a result thereof. The Company is not a fiduciary of the Customer and does not assume any fiduciary duties to the Customer. The Customer will choose whether or not to accept a price quoted by the Company for any Travel Arrangement Services based on its satisfaction with the amount quoted for such Travel Arrangement Services.
3.4 The Company shall provide such Travel Arrangement Services to the Customer as may be requested by the Customer from time to time. In the absence of any express written instructions to the contrary, the Company may accept (and the Customer shall be bound by) any requests made by any employee, agent or other representative of the Customer.
3.5 Please Note: The price charged in total for these Travel Services will always equal the prices charged separately for each individual Travel Service. All Travel Services are available to be purchased separately, at the same price as they are when more than one Travel Services are booked. Furthermore, many of these Travel Services will not constitute a ‘tourist service’ for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992. This means that the Travel Services (whether they amount to tourist services or not) and indeed any multiple bookings of the Travel Services do not constitute a ‘package’ as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 nor the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012. Furthermore, the services we sell are outside the scope of any scheme of financial protection operated by ABTA.
- Booking and Paying
4.1 The Company, at the Customer’s request and acting as the Customer’s disclosed Agent, shall enter the Customer and/or any Passenger into a contract with Third Party Suppliers for the provision of Travel Services. The Customer shall pay the Company on demand all costs, fees, taxes etc. invoiced by the Company to the Customer in respect of the Travel Services contracted with the Third Party Suppliers and the provision of the Travel Arrangement Services.
4.2 If credit account facilities have been made available by the Company to the Customer then all sums due by the Customer to the Company shall be payable as set out in clauses 3.3 and 3.4 below. The Company reserves the right to decline credit account facilities or to withdraw such facilities at its sole discretion. Should no such credit account facilities be made available by the Company to the Customer or should these facilities be at any time withdrawn then the Company reserves the right to request an advance payment from the Customer in respect of all contracts to be entered into on behalf of the Customer. Upon the withdrawal of credit account facilities all monies owing to the Company will become immediately payable.
4.3 Payment by the Customer of monies outstanding upon credit accounts is due as cleared funds within 15 days following the date of the invoice, excluding invoices for foreign currency or travellers cheques which are due for payment by the Customer upon receipt of the invoice.
4.4 Where the Company offers a consolidated invoice to the Customer, the same will be prepared and payable by the Customer to the Company on the following basis:
4.4.1 any bookings of Travel Services that are made between the 1st and 14th (inclusive) day of any calendar month are due to the Company as cleared funds by the penultimate working day of the same calendar month; and
4.4.2 any bookings of Travel Services that are made between the 15th and the last day (inclusive) of any calendar month are due to the Company as cleared funds by 14th day of the following calendar month.
4.5 Any and all monies paid to the Company, which are duly payable to the Third Party Supplier of the Travel Services in accordance with this Agreement, are held by the Company on the Customer’s behalf until they are paid to the Third Party Supplier in question.
4.6 Where applicable, VAT will be charged where applicable at the rate in force on the date of supply.
4.7 Please note that payment by the Customer to the Company does not constitute payment to the Third Party Supplier whose Travel Services the Company have booked on the Customer’s behalf. If the Company collect monies from the Third Party Supplier on the Customer’s behalf, the Third Party Supplier’s liability to pay that money to the Customer is discharged.
4.8 The Company may occasionally receive commission payments from Third Party Suppliers in return for the Travel Services booked on the Customer’s behalf. At no times will the availability (or lack) of such a commission payment influence the Company’s decision to use a particular Third Party Supplier.
- Changes, Cancellations and Refunds
5.1 Any changes and cancellations can only be accepted in accordance with the terms and conditions of the Third Party Supplier of the Travel Services. The Third Party Supplier 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 Services and will normally increase closer to the date of departure). In addition you must pay the Company the appropriate administration fee for any amendments to or cancellations of bookings.
5.2 Credit notes or refunds (if any) for Travel Services not used may only be issued upon the return of the relevant documentation relating to the Travel Service concerned and are subject to the terms and conditions of the relevant Third Party Supplier. Failure to return the said documentation will imply an acceptance of the invoice for the travel services and payment will become due as per the standard payment terms set out in Clause 3 above.
5.3 In the event that any cancellation or refund requires the consent of or calculation by the relevant Third Party Supplier then the account issued shall remain due and payable in terms of Clause 3 above and any sum refunded by the Third Party Supplier shall only be credited to the Customer’s account on receipt of same by the Company from the Third Party Supplier.
5.4 Without prejudice to the generality of Clauses 4.1 and 4.2 above, the Customer acknowledges and agrees that:
5.4.1 any credit notes or refunds in respect of rail travel services can only be issued provided the relevant documentation is returned within one month of date of the issue of the said documentation (or on any other terms relating to the ticket issued in respect of the rail services in question); and
5.4.2 not all tickets may be refunded or altered and that any refunds made may be liable to any fees which the Third Party Supplier may from time to time levy.
5.5 If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket or the charges levied then clarification should be sought from the Company at the time of booking.
- Changes and Cancellations by the Third Party Supplier
6.1 We will inform the Customer or any Passenger as soon as reasonably possible should the Third Party Supplier make a significant change to or cancel a booking. The Company will liaise between the Customer / Passenger and the Third Party Supplier in relation to any alternative Travel Services offered by the Third Party Supplier, in its role as your agent, but will have no further liability for the non-provision of any Travel Services.
- Late Payments
7.1 In the event that any sums due by the Customer to the Company are not paid when due then, without prejudice to any other rights or remedies available to the Company, the Company may at any time:
7.1.1 suspend all or part of the provision of Travel Arrangement Services to the Customer; and/or
7.1.2 charge a service fee at the rate of 1.5% per month on all overdue sums until paid; and/or
7.1.3 notify the Third Party Supplier who may cancel the booking and charge to the Customer the cancellation fees set out in the Third Party Supplier’s terms and conditions.
8.1 The Customer’s contract for the actual provision of the Travel Services is with the Third Party Supplier and its terms and conditions apply. As the Customer’s agent, the Company accepts no responsibility for the actual provision of the Travel Services. The Company’s responsibilities are limited to sourcing and arranging the Travel Services in accordance with the Customer’s (or Passenger’s) instructions. The Company accepts no responsibility for any information about the Travel Services that it passes on to the Customer or any Passenger in good faith.
8.2 The Company do not exclude or limit any liability for death or personal injury that arises as a result of the Company’s negligence or that of any of its employees whilst acting in the course of their employment.
8.3 The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the Travel Arrangement Services or any travel resulting therefrom.
- ATOL Protection
9.1 The Civil Aviation Authority grants an ATOL (Air Travel Organisers License) to companies selling certain flight-inclusive travel arrangements in the UK. An ATOL provides consumer protection against supplier failure. Where the Company (“us” for the purposes of this Clause 8) are required to by the Civil Aviation Authority, it provides to Customers and or Passengers (“you” for the purposes of this Clause 8) financial security for flight inclusive Packages, Flight Plus bookings and ATOL protected flights. The Company does this by way of a bond held in favour of the Civil Aviation Authority under ATOL numbers 3312 and 6613.
9.2 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.
9.3 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).
9.4 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.
10.1 The Company is licensed by IATA (International Air Transport Association) to issue scheduled airline tickets. To be licensed by IATA an agency must satisfy strict security, financial and training requirements.
10.2 For further information see http://www.iata.org/about/index.
11.1 The Company reserves the right to vary the terms of these Standard Conditions at any time; such variation shall take effect immediately and will be available to view online.
- Data Protection
12.1 The Company and the Customer warrants and represents to each other that they:
12.1.1 maintain and will continue to maintain appropriate notifications at their respective national data protection registries; and
12.1.2 comply with and will continue to comply with all Data Protection legislation applicable to the provision of the Travel Arrangement Services.
12.2 The Company will only use Personal Data in accordance with Customer’s reasonable instructions or as reasonably required for the Company to operate its contractual relationship with the Customer. In the event of a conflict between them, the Customer’s instructions will prevail, subject always to Clause 11.3.
12.3 The Customer shall ensure that it only instructs the Company to do or omit to do things in relation to Personal Data which are reasonable and in compliance with all applicable laws and regulations, and the Company shall not be obliged to process or transfer Personal Data in relation to the Travel Arrangement Services: (a) in contravention of any applicable law(s); nor (b) in a way that might conflict with, or put the Company in breach of any agreement(s) the Company has with the Customer.
12.4 The Customer (and not the Company) will obtain from all Passengers and any of its personnel who may use the Travel Arrangement Services, and will thereafter maintain, effective consents and permissions so as to enable the Company to provide Travel Arrangement Services including, but not limited to, so as to enable the Company to:
12.4.1 transfer Personal Data to the Company’s assignees, sub-contractors, suppliers, service providers and advisers from time to time, any successor business or other third parties; and
12.4.2 provide the Customer with management information, travel-related monitoring, quality assurance surveys and any other services required from time to time by the Customer; and
12.4.3 transfer Personal Data to third parties at the Customer’s request.
12.5 The Customer will (i) ensure that all Passengers and any of its personnel who may use the Travel Arrangement Services keep Personal Data relating to them up-to-date.
12.6 The Company warrants that it has and will (and ensure that its employees, agents and subcontractors) maintain all necessary Data Protection notifications and the Company will (and ensure that its employees, agents and subcontractors will) comply with all applicable Data Protection laws.
12.7 To the extent that the nature of the Travel Arrangement Service requires the Company to process Personal Data on the Customer’s behalf, the Company acknowledges and agree that it shall act as a Processor and shall:
12.7.1 comply with, and only act on, instructions from and on behalf of the Customer regarding the processing of that Personal Data;
12.7.2 not process that Personal Data for any purposes other than to provide Travel Arrangement Services to the Customer;
12.7.3 ensure that appropriate technical and organisational measures are taken to avoid unauthorised or unlawful processing of that Personal Data and against loss or destruction of, or damage to, that Personal Data;
12.7.4 ensure the reliability of all its employees, agents and contractors who have, and will have, access to that Personal Data;
12.7.5 not, by any act or omission, place the Customer in breach of Data Protection Legislation;
12.7.6 inform the Customer immediately of any suspected or confirmed Data Protection breaches or unauthorised or unlawful processing, loss, or destruction of, or damage to, that Personal Data;
12.7.7 not sub-contract to any third party any of its obligations to process that Personal Data on behalf of the Customer without its prior written consent; and
12.7.8 not process, or cause to be processed, that Personal Data outside the European Economic Area unless it has: (i) the Customer’s prior written consent to do so; and (ii) fulfilled all of the Customer’s requirements to enable the processing to take place outside the European Economic Area.
- Jurisdiction and Governing Law
13.1 These Booking Terms and Conditions are governed in all respects by English law. Any dispute, claim or other matter which arises between the Company and the Customer (or any Passenger) out of or in connection with these Booking Terms and Conditions will be dealt with by the Courts of England and Wales only.
The site has taken reasonable steps to put security measures in place to protect your data. Our server uses SSL (secure sockets layer) data encryption to help keep your data secure. Personal information entered is encoded before it is sent to us, protecting it as it is transferred over the Internet.
Information on you and the people for whom you make travel arrangements and details of any such travel arrangements is collected and held by or on behalf of Clarity. This information is used by Clarity to help make your travel reservations and for related purposes. We may also use this information for marketing purposes.
This information will not be used by Clarity for any other purposes. It will only be passed on to those suppliers who hold reservations that you have made and, beyond this, will only be disclosed by Clarity where we are legally required to do so.
This site may contain hyperlinks to websites operated by other parties. These links are suggested for information only and our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. Care is advised when visiting any external sites linked from this Site. Clarity accepts no liability for any information contained on any external site.
17.Booking terms and conditions
By making a booking using our online systems, you are entering into a legally binding contract with the relevant Third Party Supplier. That contract is governed by, and you will be subject to, the terms and conditions of that Third Party Supplier (copies of which are available to you on request). For the avoidance of doubt, Clarity is not a party to that contract and shall not be responsible for any default or failure in any supply or any defects in performance by any Third Party Supplier, or for any loss, claim, cost, damage or injury incurred by you (directly or indirectly) as a result thereof. A fee applies to every booking made through the system.
You are solely responsible for inputting the details of the travel services, which are to be arranged and have sole responsibility for ensuring that the details of those services are correct and meet your requirements. Clarity shall not be liable for any errors, which you make when inputting the details of the travel services to be arranged.
Tickets will be issued immediately a booking is made unless alternative arrangements, which may carry a supplement, have been made. Clarity will issue e-tickets wherever possible. Where an e-ticket or ticketless travel is not available a ticket on departure will be arranged. Certain airlines do charge an extra fee for tickets on departure.
Reservations will be held and documents issued by Clarity from our Fulfilment Centre at Suite 7, Level 2, East Kilbride, G74 1LW.
Prices cannot be guaranteed until full payment has been received and tickets have been issued. Prior to this all prices are subject to change without notice. Our prices are based on a minimum number of bookings being achieved per month or additional charges will apply. Details will be given in advance of the site being built.
All prices are stated exclusive of any VAT, taxes, duties, levies, service charges or fees of whatever nature except where expressly indicated to the contrary.
Any Travel Arrangement Services booked by you will be subject to the terms and conditions of the Third Party Supplier service provider. Some providers may charge a fee for cancellations or changes to Travel Arrangement Services and some providers may not issue any refunds for cancelled or altered arrangements. Clarity has no control or influence over such matters.
Please make sure you are booking the correct ticket type, as you will be responsible for charges imposed by suppliers for cancelling or changing these tickets after booking. You should make yourself aware of the Third Party Supplier’s terms and conditions prior to booking.
21.Changes and refunds
In the event that you do have to cancel or alter your travel arrangements, changes and cancellations can be done online. If you have any queries on refunds please call the helpline.
Except where otherwise expressly stated in these booking conditions neither we nor the applicable Third Party Supplier will be liable or pay you compensation if our contractual obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the supplier(s) concerned’s control.
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 clients 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 and the control of the applicable Third Party Supplier, we and the Third Party Supplier would treat any such changes as Force Majeure so will not be liable to pay you any compensation.
Payment will be by credit card or, by prior arrangement only, against a credit account subject to a credit limit to be determined at Clarity‘s sole discretion. For credit card transactions, in the event that charges to the card are subsequently rejected you will ensure that we receive payment on demand of all monies outstanding plus an administration fee calculated as 1.5% per month of the value of the transaction.
For all sites various types of charged for training is available and details of costs will be provided and must be agreed prior to training taking place.
Changes to the system prompted by a Customer will incur charges. A formal application should be submitted using the appropriate form and charges as well as details of the time required to complete the work and carry out testing will be supplied and must be agreed in advance.
26.Exclusion of Warranty
Clarity takes, and will continue to take, reasonable steps to ensure that the information displayed on and provided by the site is accurate. However we cannot guarantee the accuracy of site content.
The information, which we display, has been made available to us by Third Party Suppliers and, whilst we will use reasonable endeavours to deal only with reputable Third Party Suppliers, errors may occur from time to time. Also, in seeking to provide the best coverage for our Customers, Clarity connects to the most common travel databases, such as general distribution systems. Some providers however do not maintain real time availability in these databases and so a booking may be cancelled by the provider following the initial arrangement.
Clarity make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an “as is” basis. Clarity do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site.
27.Limitation of Liability
Clarity shall not be liable for any loss or damage which may arise from reliance on information, material or data contained on the site, or from your inability to access the site, except where the loss or damage arises directly as a result of our negligence in which case our liability to you shall be limited to the lesser of the total amount paid to Clarity in respect of that transaction by you or any additional expenses incurred by you.
You agree to fully indemnify Clarity from and against any and all liability, claims, losses, damages, injuries and expenses (including legal fees) which we incur as a result of any action brought by or on behalf of a Third Party Supplier arising (whether directly or indirectly) from your use of the site.
28.Minimum level of transactions:
During the implementation process you will be advised of the monthly level of bookings required to maintain your own corporate site. Failure to meet these transactions levels may result in increased charges or the closure of the site.