Terms and Conditions
These are the terms on which we will make a booking for your travel requirements. You will see that the terms that apply to you vary depending upon the type of booking you make.
If you book from our Supporters Travel or Group Travel sections, then your contract is with Ben Lawries Travel Ltd. For any other booking, we act as an agent and we will arrange for you to enter into a contract with the principal (airline/rail operator/hotel or other supplier) named on your booking confirmation and/or ticket. As agent we accept no responsibility for the acts or omissions of the principal or for the services provided by the principal. The principal’s Terms & Conditions as detailed on your booking confirmation, brochure and/or ticket will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
Our Terms and Conditions are governed by Scottish Law and the jurisdiction of the Scottish Courts.
1. MAKING A BOOKING:
Supporters and Group Travel: On receipt of a signed booking form and deposit, we will issue a confirmation invoice. A contract between you and us will exist as soon as we issue our confirmation invoice. You must ensure that the names given are the same as in the relevant passports. When you receive your confirmation, please advise us of any errors immediately. Any changes to these details will incur costs, as stated below in clause 4.
Where we act as agent: When you have checked that all booking details are correct, we will proceed to make the booking with the principal. Please ensure that the names given are the same as in the relevant passports. When you receive your confirmation, please advise us of any errors immediately. Any changes to these details may incur the charges stated in our service fee menu in addition to any fee levied by the principal.
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and/or to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements within EEA. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Full details of our data protection policy are available upon request.
2. CONSUMER PROTECTION: We are a member of ABTA, membership numbers 38953/ W0088. We are obliged to maintain a high standard of service to you by ABTA’s code of conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the code and arbitration can be found at www.abta.com.
Supporters and Group Travel: We hold an ATOL (0251). When you buy an ATOL protected air holiday package from us you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence.
In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
For travel arrangements that are not ATOL protected, we have arranged protection through ABTA.
Where we act as agent: We provide a bond to ABTA, which protects you in the unlikely event of our insolvency. Some of the travel arrangements that we sell as agent are protected against the failure of the supplier. If there is no protection, you should ask us about insurance to cover you.
3. PAYMENT: You will be required to make full payment by the invoice due date notified to you. If full payment is not received by the invoice due date, we may claim statutory interest in line with the Late Payment of Commercial Debts Regulation 2002. Interest will be charged on your overdue invoices at the Royal Bank of Scotland base rate plus 8% together with reasonable debt recovery costs.
There is an additional 3% charge on all credit card payments. Payments by debit card and cheque are not subject to an additional charge.
Supporters and Group Travel: We reserve the right to alter the prices of any of the tours advertised. You will be advised of the current price of the travel arrangements that you wish to book before your contract is confirmed.
When you make your booking you must pay the deposit amount of £75.00 per person. The balance of the price of your travel arrangements must be paid no later than 12 weeks prior to departure. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
The price of your travel arrangements will be calculated using the exchange rate at the confirmation date.
Changes in transportation costs, including the cost of fuel; dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above a 2% increase in the price of your travel arrangements, plus an administration charge together with the amount required to cover agent’s commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of changing your travel arrangements if we are able to offer alternatives (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, other than the amount due in respect of any amendment charges. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
4. AMENDMENTS TO BOOKINGS: Any amendment request must be confirmed to us in writing and will take effect when received by us during normal office hours.
Supporters and Group Travel: If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who signed the booking form. For an amendment a charge will be made as follows:
| Type of change | 6 wks or more before departure | Less than 6 weeks before departure |
| Name | £10 per person | £25 per person |
| Hotel | £25 per booking | £50 per booking |
| Date | £25 per booking | £50 per booking |
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type and change of accommodation to another of the same standard. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.
If we make a major change to your travel arrangements, we will inform you as soon as reasonably possible if there is time to do so before your departure. You will have the choice of either accepting the change of arrangements or accepting from us an offer of alternative travel arrangements of comparable standard if available. In all major change cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below, based on how near to your departure date you are advised:
| Timing of notification prior to departure | Amount of compensation receivable |
| More than 56 days | £Nil |
| 29 – 56 days | £10 |
| 28 -15 days | £20 |
| 14 days or less | £30 |
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire and adverse weather conditions.
Where we act as agent: If you amend your booking the principal may charge the amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the amendment charge as advised. If there is any refund due from the principal, this may take some time to recover. As we will have already paid the principal for the ticket, you must pay all invoices in full by their due date and we will refund you any amounts due once received from the principal.
5. CANCELLATIONS OF BOOKINGS: Any cancellation request must be confirmed to us in writing and will take effect when received by us during normal office hours.
Supporters and Group Travel: You, or any member of your party, may cancel your travel arrangements at any time. Since we will incur costs in cancelling your travel arrangements, you will have to pay the following cancellation charges, the amount payable being dependent upon to the length of time before your departure that you notify us. We will endeavour to reimburse any monies due within 7 working days of receiving your written notification. All refunds will be made by cheque.
| Timing of notification prior to departure | Amount of compensation receivable |
| More than 56 days | Loss of deposit |
| 56 – 43 days | 50% of package price |
| 29 – 56 days | 70% of package price |
| 28 -15 days | 90% of package price |
| 14 days or less | 100% of package price |
We also reserve the right in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out above in clause 4.
Where we act as agent: If you cancel your booking the principal may charge the cancellation charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation charge. If there is any refund due from the principal, this may take some time to recover. As we will have already paid the principal for the ticket, you must therefore pay all invoices in full by their due date and we will refund you any amounts due once received from the principal.
6. OUR OBLIGATIONS AND LIABLITY:
Supporters and Group Travel:(i) We accept responsibility for ensuring that any travel arrangements, which you book with us, are supplied as described in the booking form. If any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of those travel arrangements. Subject to paragraph (ii) and (iii) below our liability in all cases shall be limited to a maximum of three times the cost of your travel arrangements.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under Scottish Law and subject to clause (iii) below.
(iii) The amount of compensation to which you are entitled will be limited in accordance with and/or in an identical manner to: (a) the contractual terms of the companies that provides the transportation for your travel arrangements. These terms are incorporated into this contract; and (b) any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any other conventions.
You can ask for copies of the transport companies' contractual terms or the international conventions, from our office.
Where we act as agent: We strive at all times to ensure that the information given is at all times accurate but cannot at all times guarantee that it is error free. We reserve the right to change information at any time and we aim to correct any errors as quickly as is practicable after becoming aware of any errors. As agent we accept no responsibility for the acts or omissions of the principal or for the services provided by the principal.
7. INSURANCE: Many principals require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.
8. DELIVERY OF DOCUMENTS: All deliveries will be sent to you by First Class post and once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to the charges stated in our service fee menu.
9. PASSPORTS, VISAS AND HEALTH & SAFETY: We can provide general information about the passport and visa requirements for your trip on request. Your specific passport and visa requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details.
We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Online medical advice for travellers can be found at www.doh.gov.uk. Otherwise for advice regarding your journey please contact your GP or the Department of Health, Health Literature Help Line on 0207 210 4850.
The Foreign and Commonwealth Office (FCO) issues up to date information on safety issues for many countries worldwide. Contact the FCO Travel Advice line on 0845 850 2829 or online at www.fco.gov.uk/travel.
10. FINAL ARRANGEMENTS: Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
11. COMPLAINTS: Any dissatisfaction regarding your travel arrangements must be reported to the supplier of the services in question (e.g. your hotelier) immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint and the amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
Supporters and Group Travel: As well as informing the supplier of your complaint, you must notify our representative without delay and complete a report form whilst on tour.
We will endeavour to resolve any complaints on an amicable and fair basis. In the unlikely event that any disputes arising out of, or in connection with any services provided by BenLawries Travel cannot be amicably settled, these may be referred to arbitration, if you so wish, under a special Scheme arranged by ABTA and administered independently by the Chartered Institute of Arbitrators. For more information contact ABTA Ltd, 68-71 Newman Street, London W1T 3AH www.abta.com
12. TELEPHONE CALLS. All calls to Ben Lawries Travel are recorded for training and quality purposes.
Please do not hesitate to contact us directly to discuss your travel requirements. We are always happy to help.
