Our Agreement With You
We are Octopoda Ltd whose registered office is 37, Bainbridge Road, Loughborough, Leicestershire, LE11 2LE (Registered number 08990623) and Our Agreement with You sets out what you are legally entitled to expect from us and our suppliers (for whom we act as a booking agent) when you purchase travel services through us. Because we sell a variety of travel products, you should make sure you understand the terms and conditions which apply to your particular arrangements in addition to these general terms and conditions.
Your Travel Booking
When you make a booking, you guarantee that as the lead name, you have the authority to accept and do accept, on behalf of your party, the terms of these booking conditions and those of any suppliers. It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your contract will either be with us or with another supplier of travel services who will be named on your receipt. This will depend on the type of arrangements you book. A contract will exist as soon as we issue our confirmation invoice. Your contract will be with us if we arrange a Package for you, being a pre-arranged combination, at an inclusive price, of at least two or more of the following services when the services are taken together and also cover a period of more than 24 hours or include overnight accommodation: a) transport b) accommodation and c) other tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements.
Other travel services will be offered as separate elements rather than as a combination. Each are priced individually. If you select some of these services then you are not purchasing a package arranged by Octopoda Ltd. In such cases, (unless you have booked accommodation only) Octopoda Ltd is acting as the Booking Agent for your suppliers and your contract is with that supplier. Where your contract is with a supplier, the booking conditions of that supplier will apply to your booking and Octopoda Ltd accepts no responsibility for any errors or omissions made by a supplier
Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate (ATOL certificate T7539). 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 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.
Deposits and Payment
Deposits are non-refundable under any circumstances. Payment of a deposit enables Octopoda Ltd to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and tickets and/or other travel documents have been issued. Octopoda Ltd will advise you of the date that full payment is required. All prices shown are ‘from prices’ and we reserve the right to alter the prices of any of the holidays shown on our website, twitter, facebook or any other media outlet. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
If payment for your booking is made by credit card, a handling fee is payable, as advertised. No charge is made for payments made by Debit Card. We reserve the right to refuse personal cheques as a method of payment. After full payment, if we are your Booking Agent, the conditions of the contract with your supplier may permit them to increase the cost of your arrangements. We will pass on any such increase to you. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full. You will not be charged for any increase equivalent to 1% of the price of your travel arrangements. You will be charged for any amount over and above that.
Octopoda Ltd’s general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as hard copy.
Baggage allowance and policies differ by airline. Some airlines do not provide a free baggage allowance and will charge additional fees for checked baggage. If you require specific information about baggage allowance, or require further information, please contact us before you book.
Cancellations and Changes
If we are your Booking Agent, your contract with your suppliers may allow them to cancel or amend bookings. We will ensure that you are promptly notified of any significant changes, but accept no liability for any changes or costs incurred which may result.
If we make a significant change to your booking, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us, (we will refund any price difference if the alternative has a lower value), or cancelling your booked arrangements and receiving a full refund. We will pay compensation in respect of any significant changes that we make to your booking, using the scale below. These may include (but are not limited to) the following changes: a change in accommodation to that of a lower official category, a change of UK departure airport, except between London airports, a change of supplier, a change in the time of your departure or return flight by more than 12 hours.
This standard payment will not affect your statutory or other rights. We will only make one payment for each full fare paying adult in the booking. Any children not paying the full adult fare will receive 50% of the listed amount. If the value of your booking is less than the compensation outlined, we will pay compensation only to the value of the booking.
Period before departure when a significant change is notified (Compensation payable per person)
More than 56 days – £0
55-29 days – £10
28-15 days – £20
14-7 days – £30
7-0 days – £40
Important note – changes beyond our control
Compensation will not apply if a significant change is made for reasons beyond our control. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, ash clouds, and any other similar event.
If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the UK, we will contact you by email to advise you of this. Please ensure that you have given your contact email address to Octopoda Ltd and that you regularly check for messages before you leave. Octopoda Ltd has no control over airline schedule changes and accepts no liability for costs which may arise as a result of such changes. After you have left the UK, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
Our Responsibility For Your Arrangements
We have taken all reasonable care to make sure that all the services that make up the arrangements made by Octopoda Ltd are provided by efficient and reputable businesses. These businesses should follow the local and national laws and regulations of the country where they are provided. However, please be aware that overseas safety standards may be lower than in the UK. We do not accept any liability if we have arranged a Package and the contract we have with you is improperly performed by our suppliers. We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of your cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices – Customer Relations, Octopoda Ltd, 37 Bainbridge Road, Loughborough, Leicestershire, LE11 2LE
Your Agreement With Us
By finalising your arrangements with us, you are accepting that the terms of this Agreement and conditions of any contract made with any supplier(s)) apply to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party. Your contract with us is subject to the laws and jurisdiction of England and Wales. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland instead. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage etc.
If You Change Your Booking
Where a change to your travel arrangements is permitted and possible, Octopoda Ltd service fees apply in addition to any additional supplier charges. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased. Changes to name details are not allowed by many airlines and other service providers. Whilst we do our best to make such a change if necessary, please bear in mind that most airlines and other service providers treat a name change as a cancellation, to which standard conditions and charges would apply. Flights must be taken in the sequence they appear on your ticket or eticket confirmation. If you plan not to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
If You Cancel Your Booking
If you cancel your booking for any reason please inform us immediately and we will endeavor to deal with your request as swiftly and efficiently as possible. Whilst we do our best to deal with any cancellation, please bear in mind that most airlines, hoteliers and other service providers charge cancellation fees that are required to be paid by the customer. If an outstanding balance is due on the account prior to cancellation this will become due immediately upon cancellation of the booking or any part thereof. We also make use of non-refundable bookings through all airlines, hoteliers and other service providers and a cancellation refund will not be possible.
Problems while on holiday
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please contact Octopoda Ltd in the UK, either through www.octopoda.co.uk. If you fail to contact Octopoda Ltd, we will not be permitted the opportunity to investigate your complaint and rectify any error whilst you are away and this may affect your rights under this contract. We are a member of TTA (membership number Q2788) and operate according to TTA’s Code of Conduct. TTA can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information can be found at www.traveltrust.co.uk
Passport, Visa and Immigration Requirements
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant High Commissions, embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We can arrange travel insurance for you and provide you with a quote and answer any queries you may have regarding the insurance we can offer.
Travel Advice and Vaccinations
British Citizens should refer to the travel advice posted by the Foreign and Commonwealth Office at https://www.fco.gov.uk/ for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged necessary vaccinations for your itinerary.
EU Notice Requirements
In accordance with EU Regulation – (EC) No.2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community List’, which contains details of air carriers that are subject to an operating ban within the EU. The Community List is available for inspection at https://air-ban.europa.eu/. We are also obliged to notify you of the airline(s) to be used in your booking. For details please see your itinerary. You will be notified if any carrier changes as soon as possible and in all cases at check-in or at the boarding gate. Please note that a change of carrier is not a significant change to your arrangements.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Details of these rights will be publicised at EU airports and will also be available from your airline. However, you should note that reimbursement of the cost of a flight that forms part of your booking is the responsibility of your of the cost of other elements of your booking where we are acting as a Booking Agent. If affected flights comprise part of a package arranged on your behalf, this reimbursement will not automatically entitle you to a refund of your holiday cost from us.