Mercury Direct Booking Terms & Conditions | Neptuno Hotel Playa Del Ingles

Booking Terms and Conditions with Mercury Holidays

These Booking Conditions, are supplemented with our privacy policy, the general information contained in the ‘For you to know’ and ‘Holiday Insurance’ sections, where your holiday is booked via our website, our Website Terms of Use and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us, Sunspot Tours Ltd of St John’s House, Suffolk Way, Sevenoaks, Kent, TN13 1YL trading as Mercury Holidays (ATOL number 1631, ABTA membership number VO211, Company number 01470134) (‘We’, ‘us’ or ‘our’ ‘Mercury Holidays’).

Services Provided By Other Parties

We will not accept responsibility for services or facilities which do not form part of our agreement, are not detailed on your confirmation or where they are not advertised in our brochure or on our website. For example if an airline cancels a flight, we are not responsible for any pre-departure car parking, hotel, taxis or airport lounge facility except where they have been booked through us and form part of your contracted arrangements with us (in which case they will be detailed on your booking confirmation). In resort we are not responsible for any excursion, service or facility which your hotel or any other supplier agrees to provide for you while you are away. All queries and claims in relation to such services should be directed to the provider of that service.

Bookings & Payments

Subject to availability, our holidays can be booked by telephoning our reservations department, using the appropriate telephone number in our brochure, or by visiting our website www.mercuryholidays.co.uk. The first named person making the booking must be over 18 and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services. The first named person making the booking agrees on behalf of all persons detailed on the booking that (a) he/she consents to our use of personal data in accordance with our Privacy Policy and our Privacy Statement (see clause 23 below) and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements) (see clause 23 below); (b) guarantees that they have authority to accept and does accept on behalf of all persons named on the booking, these Booking Conditions and agrees to be bound by them including the financial responsibility for payment of the booking. The first named person making the booking guarantees payment to us of the total cost of the holiday booked. A deposit from £250pp for a beach holiday or from £295pp for an Escorted Tour, River Cruise, Fly-Drive or Multi-Centre Holidays, or full payment if booking within twelve weeks of departure, is payable at the time of booking. Please note the deposit may be increased depending on the airline and/or country you are travelling to. You will be advised of the amount of the deposit payable at the time of booking, however those who have made bookings on the website may be contacted up to 72 hours after the booking has been made and advised of any increases. The balance of the cost of your arrangements (including any applicable surcharge) is due by the balance due date notified to you. This will normally be twelve weeks before departure but may be sooner for a River Cruise or Escorted Tour booking, please check your confirmation. If the deposit or balance is not received by us in full by the applicable due date, we reserve the right to treat the booking as cancelled by you in which case we shall retain your deposit. We do not send reminders of monies owing. Your booking is confirmed and a binding contract between us and you comes into existence when we have received payment of the deposit or the full cost of your booking (where applicable) and we issue you with a booking confirmation confirming the details of your booking (which will be sent to you or your travel agent). If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate in addition to the booking confirmation. Contact us immediately (and no later than ten days of receipt) if any information which appears on the booking confirmation or ATOL certificate or any other document is incorrect or incomplete so that the error can be investigated. It may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake or omission notified to us within the time limits specified above if the error was our fault, but you must meet any costs involved in our doing so if the error was as a result of your fault. If we are notified of inaccuracies or errors more than 10 days after you have received your confirmation, any costs to amend the booking will be your responsibility. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. Credit and Debit Cards: You may make payment by debit or credit card.

Price Policy

The prices shown in our brochure and on our website are per person in £’s sterling. Our brochure prices are accurate at the time of publication, but you should only use them as a guide. The prices we give are the best value available at the time of pricing and generally are selected from dates outside of the high season. The price you pay will depend on when you are travelling and prices may go up and down throughout the season. The brochure price is based on the standard occupancy for the room type included in the package so the price will change if the room is occupied by a different number of guests. Please note some special offers cannot be combined. The final price of your holiday will be confirmed at time of booking. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. Please consider that the prices in our brochure are based on the lowest airfares available at the time of going to print. Our short haul destinations are based on low cost airlines and flight prices fluctuate daily and flight prices may also increase with scheduled airlines and during peak travel periods. Ultimately the nearer to your date of departure that you book your holiday, the higher the flight costs may be, therefore increasing your holiday price. We always recommend you book early to take advantage of the lower flight prices and to avoid disappointment. You will be advised of the current price of the holiday that you wish to book before your booking is confirmed and contract created. All our prices (including flight and hotel supplements) are based on the shared occupancy of double or twin-bedded rooms. (Alternative accommodation supplements are given with the individual holiday details and all accommodation supplements are per person per night). If a 3rd week is free, this will still be subject to any room supplements. Please note: The price of your confirmed holiday is subject at all times to changes in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; or (ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and (iii) the exchange rates relevant to the package. Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers. 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 and/or additional services or travel arrangements. You will be charged for the amount over and above that. However, if this means that you have to pay an increase of more than 8% of the price of your holiday (excluding insurance premiums, any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of monies paid, except for any amendment charges, insurance premiums and/or additional services or travel arrangements). Should you decide to cancel because of this, you must exercise your right to do so within 7 days from the issue date printed on the invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to cancel and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Should the price of your holiday go down due to the changes mentioned above then any refund due will be paid to you less an administrative fee of £10. 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. We promise not to levy a surcharge within 20 days of your departure date and nor will we offer refunds in this time.

Jurisdiction in Law

These Booking Conditions and any agreement to which they apply are governed in all respects by and construed in accordance with English Law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with exclusively by the Courts of England & Wales. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and if you wish to do so.

Cutting Your Holiday Short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

Changes You Make

Requests to change your booking after confirmation (e.g transferring to a different hotel, departure date or airport) must be made in writing, but we are not bound to comply with such requests. If additional people are added to your booking, they are added on the understanding that they have also accepted these booking conditions and will pay any additional costs. Where we can meet a request for a change to your holiday we will issue a revised holiday invoice to confirm this. To avoid incurring booking service changes at a later date, please remember to book all additional items when you confirm your holiday. All amendments/alterations will incur the following charges:

A. An amendment fee from £25 per person for all destinations will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.

If you wish to amend your booking in any way (subject to (B.) below) more than 12 weeks before your original departure date we will advise you of the cost of making such amendment. Please note that it may be the case that some costs payable in respect of the booking are non-refundable and, where you do not wish to proceed with the original booking (or with the amended booking) we will treat this as a cancellation by you and the cancellation charges shown in clause 7 below will apply. These charges reflect that certain costs may be non-refundable. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and a fee may be payable in accordance with clause 7. Any new arrangements you request will be treated as an entirely new booking.

B. Transfer of Booking: If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a) that person is introduced by you and satisfies all the conditions applicable to the holiday; b) we are notified not less than 7 days before departure; c) you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and d) the transferee agrees to these Booking Conditions and all other terms of the contract between us. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 7 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

IMPORTANT NOTE. Certain arrangements (e.g flights) may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases any changes made may mean you have to pay for the cancelled arrangements and having to purchase new ones at full cost.

Cancellations By You Before Travel

Should you or any member of your party need to cancel your booking or any part of it, once it has been confirmed, you must notify us as soon as possible. You can notify us by phone, email or in writing. Your notice of cancellation will only take effect when it is received by us and will be effective from the date on which we receive it. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. The charges which we will impose are set out below, and their level will depend on when we receive your written notification of cancellation. Any amendment fees, insurance premiums, airport taxes or higher level deposit paid cannot be refunded and are payable in full. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Pre departure at which notice of cancellation is received	Cancellation charges
More than 84 days	Deposit only (including initial deposits, where applicable, and further deposits)*
84 – 70 days	50%* (but no less than the deposit value)
69 – 43 days	70%*
42 – 29 days	80%*
28 – 15 days	90%*
14 days or less	100% *

The cancellation charges above have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your holiday within the stipulated time period, taking into account the charges we will incur from our suppliers (some of which will be up to 100%) and the expected cost savings and income from alternative deployment of the travel services (if possible) calculated as an average charge over a period of time.

Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur cancellation charges from your suppliers (up to 100% of booking value) in addition to the charge above. Please note that any services booked through us and supplied by Holiday Extras are cancelled in accordance with Holiday Extras own terms and conditions, and could be non-refundable. Therefore, in the event of cancellation, it is possible that no refund will be given to you on that part of your booking. Note: cancellation charges above are shown as a percentage of holiday cost (excluding insurance premiums or amendment fees). Please ensure that you are in receipt of written confirmation from us of your cancellation. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. We will deduct the cancellation charge(s) from any monies you have already paid to us. Important note: Airport taxes are not refundable if your holiday is cancelled. Please be advised that if you pay a higher deposit at the time of booking, e.g 50% of the cost of your holiday then this is a non-refundable deposit, because it relates to a non-refundable element of the booking as per our supplier’s terms.

For flight inclusive bookings, you must in addition pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.

Cancellation by You due to Force Majeure Unavoidable & Extraordinary Circumstances: You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means 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 to the travel destination. This clause 7 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134).

If We Change Your Holidays

We start planning the holidays many months in advance. Whilst it is unlikely that we will have to cancel your holiday or make changes to it, occasionally we may have to do so, and we reserve the right to do so at any time. We also reserve the right to make changes to or correct errors in our brochure, and on our website. Further, your flight details may change, or a hotel may close down. If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.

Please note that carriers such as airlines used in the brochure or on our website may be subject to change. We promise not to make any significant changes (as described below) to or cancel your confirmed holiday arrangements less than 28 days before departure, unless we are forced to do so as a result of force majeure (see clause 11) or (in the event that we cancel) because you have failed to pay for your holiday in accordance with these Booking Conditions. If we have to cancel or make a significant change to your arrangements, we will tell you as soon as possible and we will give you the following choices:

a) Accepting the changed arrangements as notified to you; or b) Accepting an offer of alternative travel arrangements of a similar or higher standard to that originally booked if available with you paying an additional fee or receiving a refund in respect of any price difference c) Accepting an offer of alternative travel arrangements of a lower standard to that originally booked if available (with a refund in respect of any price difference) d) Cancelling or accepting the cancellation and receiving a full & prompt refund of all monies paid to us.

A significant change is a change made before departure which, on the basis of the information given to us by you at the time of making your booking, we can reasonably expect will have a major effect on your holiday. The following changes are examples of significant changes when made before departure:

A reduction in the number of nights of your holiday
A significant change to your itinerary, missing out one or more destination entirely
A change of your outward departure time or overall length of your arrangements by more than 12 hours
A change of UK departure airport except between

i) The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend ii) The South Coast airports: Southampton, Bournemouth and Exeter iii) The South Western airports: Cardiff and Bristol iv) The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield v) The Northern airports: Liverpool, Manchester and Leeds Bradford vi) The North Eastern airports: Newcastle and Teesside vii) The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

A change from a day flight to night flight (providing time of departure is changed by more than 8 hours for shorthaul and 12 hours for longhaul). A night flight which is changed to depart after or before midnight is not a change of date. A change of overseas airport, return UK airport or return flight time of less than 12 hours will not be a significant change. Where your airport is changed we promise to transport you from your overseas accommodation to your alternative overseas airport or from your UK airport of arrival to your UK departure airport (except for changes made from/to: Gatwick / Heathrow / Stansted / Luton or Glasgow / Prestwick or Birmingham / East Midlands).

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the alternative booking arrangements. We will not cancel your travel arrangements less than 84 days before departure, except for reasons of force majeure or failure by you to pay the final balance. In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

(i) if, where we make a significant change, you do not accept the changed arrangements and cancel your booking; (ii) If we cancel your booking and no alternative arrangements are available and/or we do not offer one. If we make a significant change and you do not accept the alternative arrangements or if we cancel less than 84 days before departure, we will also pay compensation as detailed:

Period before departure	Compensation per person
84 – 15 days	£10
14 days or less	£20

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

IMPORTANT NOTE: We will not pay you compensation and the above options will not be available where:

(i) we are forced to make a change or cancel as a result of force majeure (see clause 11); (ii) we make a minor change; (iii) we cancel as a result of your failure to make full payment on time; (iv) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. (vi) where we make a significant change or cancel your arrangements more than 84 days before departure;

Compensation will not be paid in respect of children staying at hotels for free and, where payable, will be paid on a pro-rata basis of the adult rate where children have received a reduced rate. Very rarely, we may be forced by force majeure (see clause 11) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to pay you compensation or meet any costs or expenses you incur as a result. If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

Prompt Assistance In Resort

If, 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 assistance with distance communications and finding alternative travel arrangements. Where you require assistance which 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 supplier, 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 Booking Conditions, 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.

Delays, Missed Connections & Denied Boarding

Where your flight or other transport arrangement forms part of your booking with us, if you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. Under retained EU Law, you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Under EC 261/2004 (denied boarding and flight disruption) if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline’s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it. Full details of these rights will be publicised at EU and UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. We have no liability to you in these circumstances whatsoever and your claim for this assistance and any compensation must be made directly to the airline. Liability of an airline under EU 261/2004 will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). The carrier(s), flight timings and types of aircraft shown in this brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know. Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_e) detailing air carriers that are subject to an operating ban with the EU Community and a UK List (available at https://www.caa.co.uk/Data-and-analysis/Safety-and-security/Banned-airlines-list/) detailing air carriers that are subject to an operating ban within the UK. This brochure and our website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. You are reminded that captains of aircraft have absolute authority over the aircraft and its passengers whilst boarding or in flight. The captain or other authorised representative of an airline can refuse to carry anyone if they are unruly or otherwise unfit to travel. If you are refused carriage in these circumstances your holiday will terminate immediately and we shall have no further responsibility or liability to you.

Force Majeure

Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by “Force Majeure”, 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, government action; industrial dispute; lock closure; natural or other disaster; nuclear incident; terrorist activity; chemical or biological disaster; closure of airports; fire; flood; drought; re-scheduling; or cancellation of flights or alteration of the airline; or aircraft type by an airline and unavoidable technical problems 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, etc. . Please rest assured that this is something we will continue to monitor and will advise our customers 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, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

Our Liability to You

We will accept responsibility for the arrangements we agree to provide or arrange for you as an ‘organiser’ under the Package Travel and Linked Travel Arrangements Regulations 2018, as amended as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time and this has affected the enjoyment of your holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) 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 services contracted for and which were unavoidable and extraordinary; or (c) force majeure (as defined in clause 11). (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 is £25 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 is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your holiday. (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 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 contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into these Booking Conditions. ii) In any circumstances in which a carrier is liable to you by virtue of the EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, 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 our supplier(s) strictly in accordance with the complaints procedure set out in these Booking Conditions. (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 if we breached our contract with you; or (b) relate to any business losses or (c) indirect or consequential loss of any kind. (7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. 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 in advance. 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.

FCO Advice

The FCDO produces up-to-date travel information to ensure the safety of clients, for further information please visit www.fco.gov.uk or Tel: 020 7008 1500. Alternatively, you can contact ABTA’s Travel Information Line (Consumer affairs) on 0203 117 0599. You are responsible for making yourself aware of Foreign Office advice in regards to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 11).

If You Have A Complaint

We do our best to make your holiday a success. However in the event that you should wish to complain about any aspect of your holiday, you must notify our local representative immediately. Our representative is there to help you and can usually deal with problems quickly and satisfactory. You must also inform the relevant supplier (e.g. hotel). You should then follow this up by writing to our Customer Relations Department ideally within 28 days of the end of your stay, quoting your booking number and detailing the circumstances of your complaint. The matter will then be investigated on your behalf. If you fail to follow this simple procedure we will then have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort which may affect your rights under these Booking Conditions. Subsequent correspondence must be followed up in writing within 6 weeks of you receiving a full reply from us. Investigations can take up to 8 weeks. Please note that we do offer an Alternative Dispute Resolution service, through our ABTA membership, for dealing with any complaint that you may have. Please see clause 15 (ABTA) for further information on this.

Holiday Sickness Claims

We take reports of sickness and illness very seriously and thoroughly investigate such claims. Due a recent influx of fraudulent holiday sickness claims we take a very stringent approach to ensuring the legitimacy of sickness claims. If you make a fraudulent holiday sickness claim, you are committing a criminal offence which may result in a criminal record and/or fine. In addition to committing an offence in Ireland, it is also illegal to pursue a fraudulent claim in many countries overseas. As such, you may find that you are faced with criminal charges in more than one jurisdiction. Should there be a reasonable belief that your claim is not genuine, it may be the case that the accommodation provider will commence legal proceedings against you. In which case, we reserve the right to assist the accommodation provider in said proceedings. It may also be the case that, should you be found to have made a false or exaggerated claim of sickness, we will forward our own concerns to the relevant authorities and may commence legal proceedings against you. Should you have legitimately suffered an illness as a result of your stay with one of our suppliers, we encourage you to follow the complaints procedure above so that we may assist you as soon as practicable.

ABTA

We are a Member of ABTA, membership number V0211. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s arbitration scheme (which is approved by the Chartered Trading Standards) for the resolution of disputes arising out of this contract. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

Flight Details

We reserve the right to substitute alternative carriers and/or aircraft types if necessary. In flight service and flight plans may be subject to alteration if changes occur. All flights operate a no smoking policy. On some airlines there may be a charge for sail boards, golf clubs, other sporting equipment, wedding dress, SCUBA/ diving equipment or other items such as bicycles or musical instruments. Please note that bookings on “no frills” carriers, like Ryanair, easyJet, Flybe, bmibaby, Jet2, Aer Lingus and selected charter flights, do not automatically include luggage. If you choose to include luggage (at an additional fee) the allowance will vary dependent on carrier, unless you choose to not include a bag on your flight. “No frills” carriers operate a buy-on-board service. If you are booking from an advert in the national press the prices shown do not include bags. Flight timings planned are also given for your guidance but your actual flight timings will be those shown on your airline tickets or E-TICKET itinerary (although it is possible that even these timings may change), and you should check tickets or E-TICKET itinerary carefully as soon as you receive them. Where travel is by scheduled air flights, these will be in economy class. This brochure is issued on the sole responsibility of the tour operator, it is not issued on behalf of & does not commit the airline mentioned therein or any airline whose services are used in the course of these holidays. Please note that certain departure times will be affected by the clocks changing in the Spring and again in the Autumn. It is possible that flight times may be changed even after tickets have been despatched. 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. We are not liable if there is any change to a departure or arrival time previously given to you or shown on your ticket. Please reconfirm your flights with the airline. Please note that a flight described as “direct” will not necessarily be non-stop. Where a sector of a flight itinerary is not utilised without contacting the carrier directly, any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred.

18. Advance Passenger Information

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our Privacy Policy.

19. Conditions of suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see clause 12). Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

20. Insolvency Protection

The Package Travel and Linked Travel Arrangements Regulations 2018, as amended require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security for flight inclusive packages by way of a bond held by the Civil Aviation Authority of CAA House, 45-59 Kingsway, London WC2B 6TE, claims@caa.co.uk under ATOL number 1631. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate from us (or via our authorised agent through which you booked). 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.

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 (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. 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. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA). Please ask us to confirm what protection may apply to your booking. We provide financial security for holidays not including flights by way of a bond held with ABTA of 30 Park Street, London, SE1 9EQ, No. V0211.

If your package holiday does not include flights, ABTA will financially protect your holiday in the same way. If you book arrangements other than a package holiday from this brochure, the financial protection referred to above does not apply so your monies will not be financially protected. Please ask us for further details. A package holiday is defined as more than one of the following when they are booked and paid for at an inclusive price: flights, accommodation plus any other tourist services that are not ancillary to transport or accommodation.

21. Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower. We therefore advise clients to take all reasonable precautions whilst on holiday and, in particular to familiarise yourself with hotel fire escape routes.

22. Holidays for children

Child prices/reductions (reductions are off of the full adult price) apply to a max of 2 children (aged 2-11yrs inclusive for hotels & self-catering) sharing a room with 2 full fare paying adults unless otherwise stated. All children must pay appropriate premiums & supplements such as Half Board and Seaview where applicable.

23. Privacy Statement

Mercury Holidays respects your privacy and is committed to protecting your personal data. Our Privacy Policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or when you otherwise provide personal data to us via other means (such as over the telephone) and tell you about your privacy rights and how the law protects you. Please visit our website for www.mercuryholidays.co.uk/here-to-help/privacy-policy for full details. For the purpose of the Data Protection Act 1998 and the retained UK General Data Protection Regulation (EU) 2016/679), we Sunspot Tours Ltd trading as Mercury Holidays are a Data Controller. In order to process your booking, we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party members, credit/debit card or other payment details and details which may be considered ‘sensitive personal data’ such as special requirements relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or involves suppliers outside these countries where controls on data privacy may not be as strong. We would also like to store and use your personal details for future marketing purpose (for example, sending you a brochure or details of a promotion) in accordance with our privacy policy. All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will use only names and contact details for marketing purposes in accordance with our Privacy Policy. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out in the above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so. We have appropriate security measures in place to protect this information. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. Your call maybe recorded, however you will be informed of this by way of pre-recorded message at the outset of the call.

24. Website and Brochure Disclaimer

Information posted on our website and detailed in our brochure is published in good faith and is updated regularly. However, we cannot guarantee the completeness and accuracy of this information. Our prices and information in those brochures were accurate on the date they were printed but they may have changed since then. Prices and other holiday details shown are provided as a guide only but, in the event of any inaccuracy or discrepancy, the price quoted and details given at the time of booking will be applicable. We recommend you contact us on 0800 781 4893 if you are in any doubt or have any queries before acting on any information on our website or in our brochure. Changes and errors sometimes occur. Please check the price and other details of your chosen holiday at the time of booking.

25. System errors

In the event of a costing error being given either by our reservations/internet system or appearing on the confirmation invoice, the price costings as appears in the brochure or relevant late availability offer will prevail. Please note that any contract entered into upon a mistake, such as a wrong costing is not valid or binding.

26. Guest behaviour

All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us. Guests must adhere to any hotel dress codes, i.e some hotels do not permit swimwear or sportswear in their restaurants and their decision is at their discretion.

27. Special Requests, disabilities and medical problems

If you wish to make a special request, you must do so at the time of booking e.g. diet, room location, a particular facility at a hotel etc. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met. We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your chosen holiday arrangements, you must give us full details in writing before you make the booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details. For further assistance, call our team on 0800 781 4893 If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details, in which case cancellation charges may be payable.

We are happy to welcome travellers with disabilities on many of our holidays but regret that in some cases we are unable to do so, due to the travel arrangements and/or the hotels which are featured. The suitability of any holiday will depend on the nature of a disability and in some cases whether the person with the disability is accompanied by an able-bodied companion. In order to ensure the comfort, safety and enjoyment of your holiday if you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements & where necessary, instruct our representatives accordingly. In any event, you must give us full details in writing at the time of booking. We may require you to produce a doctor’s certificate certifying that you are fit to participate. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details, in which case cancellation charges may be payable. A checklist for disabled and less mobile passengers can be obtained by contacting us directly and will need to be completed and signed by you before your booking can proceed. Please note that completion of this form will not guarantee your needs will be met. It will however enable us to check the suitability of your chosen holiday with our resort staff based on the information supplied by you. Please note: If special arrangements need to be made for you an extra charge may be levied, this may include transfers. We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience.

28. All Inclusive

Your All-Inclusive package starts upon check-in and finishes at check-out. Most hotels check-in time starts from 3pm, and check-out time is usually 11am.

Guests on an All-Inclusive package normally take all meals at one specific restaurant. Other advertised restaurants may be at a supplement unless otherwise stated. Details of your package will be explained shortly after arrival in resort. Drinks included within the package may only be available from certain locations within the hotel, and may be at a supplement if obtained from other outlets. Unless otherwise stated mini-bars are not included within the All-Inclusive package. Time and measurement stipulations may apply. Bottled Water is not included unless stated.

Please note that, in keeping with local traditions and customs, some of our hotels will not serve alcohol on or during certain religious festivals and holidays, this is especially true of Ramadan in Islamic countries and the Poya holidays in Sri Lanka. Please note that at some of our hotels during Ramadan parts of the All-Inclusive Package may only be available during certain times of the day. Please note that Kerala has strict laws regarding the governance of the sale of alcohol in public places including hotels and restaurants. The sale and consumption of alcohol is therefore often restricted in hotels, varying from one establishment to another. You may however bring your own alcohol with you for private consumption in your room.

29. Religious days

Please note that, in keeping with local traditions and customs, some of our hotels will not serve alcohol on or during certain religious festivals and holidays, these include Poya days, Sinhala, Tamil New year days, Hindu religious days and Muslim religious days.

30. Single supplements

Single travellers may avoid paying a single supplement in certain allocated rooms at selected hotels. These rooms are strictly available for single travellers. Once the available rooms without single supplement are full, a single supplement will be applicable.

31. Free room upgrades

Free room upgrades are available at a selection of hotels and are subject to availability but are not applicable to single travellers.

32. Air-conditioning

Although a property may describe itself as having air-conditioning, it may only function during the hotter months in the year and in some properties, whatever the temperature, this may not be until May.

33. Swimming pools

Outdoor swimming pools will be closed November-April in Malta/Gozo, Cyprus, Algarve, Madeira, and Spanish Costas and at certain times of the year in many longhaul destinations. Swimming pool closures are at the hotels discretion and beyond our control. Indoor pools are heated in winter where shown, however it is at the hotels discretion which months the indoor pool is heated.

34. Hotel and deposits

Certain hotels may request a credit card/deposit at check in to cover any additional extras. Please be advised some of the facilities listed in the hotel description may be at an additional fee and you will be advised of this in resort by the hotel.

35. Late check outs

Please be advised late check out is only relevant to the time you check out, for example, if you are staying on All-Inclusive this will not be continued past normal checkout hours.

36. Weather

As the weather is so unpredictable we cannot be held responsible for disruption to your holiday due to bad or unusual weather conditions or for reasons of force majeure (see clause 11). For more details on the temperature, sunshine and rainfall in our destinations, please see the weather section of the relevant country. These charts are for your guidance only and are based on the capitals of the country.

37. Entry, passport, visa and health requirements

We can give you general information about entry, passport, visa, and health requirements for the holiday you book. However, it is your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements applicable to your itinerary and your return, including without limitation any requirements in respect of vaccination and/ or testing for Covid-19. Requirements may change and you must check the up-to-date position in good time before departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. Most countries now require passports to be valid for at least 6 months after your return date, please contact the passport office for full details on 0300 222 0000. For European holidays you should obtain a completed and issued form UK EHIC or UK GHIC (as applicable) prior to departure. Up to date travel advice can be obtained from the Foreign and Commonwealth Development Office, visit www.fco.gov.uk. Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling. Special conditions apply for travel to the USA, and all passengers must have individual machine-readable passports. Please check www.usembassy.org.uk.

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 correct documentation or comply with any entry, passport, visa, immigration requirements or health formalities. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

It is your responsibility to check any health and vaccination requirements applicable to your booked arrangements. We can only provide general information about this. Health and hygiene facilities and disease risks vary from country to country. You should take health advice about your own needs as early as possible and in good time before your departure. Sources of information include www.fco.gov.uk, www.travelhealthpro.org.uk, www.hpa.org.uk, your General Practitioner or a specialist clinic.

Pregnancy – Airline regulations state that women 28 weeks pregnant or more into pregnancy at the time of return travel must have a medical certificate or fitness to travel document.

38. Hotel and resort classification

All the hotels in this brochure have been chosen & inspected by one of the directors or senior members of staff of this company and star ratings for all our hotels have been allocated by our own company for your guidance & do not necessarily reflect the local official classification. Our classifications are as follows:

Two Star – Standard medium class.
Two Star Plus – Standard plus medium class.
Three Star – Medium class.
Three Star plus – Superior medium class.
Four Star – Standard first Class.
Four Star Plus – Standard plus first class.
Five Star – Superior first class.

Additional properties will be available on the website which have not been inspected by a member of our staff we are therefore reliant on information provided to us in good faith. Please note that star ratings are provided for guidance only and are liable to change without notice. Where your chosen accommodation’s star rating is reduced after you have made your booking, this would not constitute a significant change and we would not have any liability to you for this.

39. Discount and Voucher codes

Loyalty and introduction discounts are not combinable with any other discount codes or any other special offers. Discounts are applicable for adults 12 years & over and only one is valid per person, cannot be reused and are for new bookings only. The voucher has no cash value and no refunds or cash alternatives will be offered. Unless specifically stated, voucher codes and discounts apply to traditional package holidays and do not apply to escorted tours, flight only or accommodation only bookings. Only one voucher code can be used per booking and sometimes may not apply to agent bookings.The voucher code cannot be redeemed against taxes, supplier fees, cancellation or change penalties, administrative fees or other miscellaneous charges, which are the sole responsibility of the customer. Mercury Holidays reserve the right to vary the voucher code conditions of use or to withdraw the voucher at any time. Further conditions (on top of these listed here) applying to individual vouchers will be printed on the voucher in question.

40. Names

The name on the passport must exactly match the name on the ticket, otherwise you may not be able to travel and your insurance may be invalid. If, after booking a holiday but before travelling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can make the necessary changes to your holiday documentation. A fee may be payable.

41. Locally booked excursions/activities

Whilst you are away on holiday you may be offered the opportunity to buy optional excursions and activities. These are provided by independent local companies, which are neither owned nor controlled by Mercury Holidays, and for whom Mercury Holidays acts only as an agent. If you decide to buy an excursion or activity, your contract will be made with the local company which provides it and it will not form part of your package with Mercury Holidays. The contract may be subject to the excursion/activity provider’s terms and conditions, some of which may exclude or limit its liability to you, and will be governed by local law and jurisdiction. Mercury Holidays accepts no liability for any breach of contract or negligent act or omission of any excursion/activity provider. Some excursions/activities may contain an element of risk or require a good level of physical fitness, and, if in doubt, you should make direct enquiries with the local provider, before deciding to buy and check that you are covered by your travel insurance policy.

42. Tourist taxes

Many destinations on our website have compulsory tourist taxes. These charges are implemented by the countries themselves and are beyond our control. Please refer to the destination pages for further information.

43. Price match guarantee

If, within 24 hours of booking your holiday with us, you can provide us with documented proof of the exact same holiday being available for less with another ABTA bonded and ATOL licensed holiday company, we guarantee to match that price and refund you the difference – and if we cannot match it then we will cancel your booking and give you a full refund of the cost of the holiday you have booked with us. To claim email us at moneyback@mercuryholidays.com within 24 hours of making a booking enclosing evidence of the lower price, for example a screen shot. We reserve the right to refuse any claim where we are unable to verify the claim to our satisfaction, in accordance with the above points. The person responsible for making the booking (lead name) must make the Money Back Guarantee claim. We must be able to confirm that the competitor price is based on the same flight, airport and airline with the same baggage allowance and resort transfer choice and that the competitor price is lower than our price. The accommodation/occupancy must be exactly the same, and for the same dates and board basis as your Mercury Holidays booking. The price match must be available to book and available immediately, not on a request basis. The competitor’s holiday cost cannot be part of a discounted price due to redemption of a voucher or loyalty scheme. We will only consider ABTA and ATOL bonded travel companies. The competitors quote must be available in the same currency as your Mercury Holidays booking. The policy does not apply to group requests (more than 9 people). The money back guarantee applies to each individual booking. It must be an exact match to claim, for example, several companies now operate both a charter flight airline and a low cost airline and we cannot price match from one to the other.

44. Escorted Tours

Where you book an Escorted Tour with us, the following terms apply in addition to our general Booking Conditions:

Changes and Cancellations by Mercury Holidays

If we have to cancel or make a significant change to your arrangements, we will give you the following choices:

a) accepting the changed arrangements as notified to you;

b) purchasing another tour from us, of a similar or higher standard to that originally booked if available (at no extra cost);

c) purchasing another tour from us, of a lower standard to that originally booked if available (with a refund in respect of any price difference) or

d) cancelling your booking or accepting the cancellation & receiving a full & prompt refund of all monies paid to us.

Please note that the above options and/or compensation (including any reimbursement of independent travel arrangements) shall not be payable in the following circumstances:

Where the change we make is a ‘minor change’;
In the event that we are forced to make a change or cancel as a result of force majeure (as defined in clause 11);
where we cancel as a result of your failure to make full payment on time;
where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you;
We cancel your arrangements because the minimum number of participants to run the tour has not been reached. (We will tell you if we have to cancel for this reason not less than 28 days before departure).