Terms & Conditions

Subject to availability, our holidays can be booked by telephoning our reservations department in Sevenoaks, using the appropriate telephone number in our brochure, or by visiting our website www.mercuryholidays.co.uk.

You may make payment by debit or credit card, however we do not accept American Express.

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 holiday you have booked, and you will be advised of the deposit amount at the time of booking, please note where you have made booking on the website you may be contacted up to 72 hours after booking regarding such increases).

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.

We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.

The balance of the cost of your arrangements (including any applicable surcharge) is due by the balance due date notified to you at the time of booking. Please check your booking confirmation for the such balance due date. If the 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.

You must 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.

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.

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. We are pleased to partner with Holiday Extras, offering customers comprehensive travel insurance. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. 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.

__We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. . We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of 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.

You will be charged for the amount of any increase in accordance with this condition. 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. There will be no change made to the price of your confirmed holiday within 20 days of your departure date and nor will we offer refunds during this period.

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.

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.

If you wish to change any part of your booking after our confirmation invoice has been issued (e.g transferring to a different hotel, departure date or airport, adding additional persons to your booking) you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to a payment of an administrative fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. 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. A cancellation fee may be payable in accordance with clause 8 below.

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.

Should you or any member of your party need to cancel your confirmed booking or any part of it, you must notify us as soon as possible 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. 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:

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.

Cancellation by You due to Force Majeure Unavoidable & Extraordinary Circumstances:

You may terminate the package travel contract applicable to your holiday at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday 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. You must be able to show at the time you wish to cancel that there is no reasonable possibility of your holiday going ahead, in order to rely on this clause.

For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as 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 significantly affect travel to the travel destination as agreed in the package travel contract.

This clause 8 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.

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.

Changes

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.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of what might be a “significant changes” depends upon the details of your booking including the following ( when made before departure):

• A change of accommodation areas for the whole or a significant part of your time away;
• A change of your outward departure time or overall length of your arrangements by more than 12 hours;
• A change of accommodation to that of a lower standard or classification for the whole or significant part of your time away;
• 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

Cancellation

We will not cancel your travel arrangements less than 28 before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i (for significant changes) accepting the changed arrangements; or ii having a refund of all monies paid; or iii if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).

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 change or alternative booking arrangements.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking; (b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

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:

a) we are forced to make a change or cancel as a result of force majeure (see clause 11); b) we make a minor change; c) we have to cancel your booking as a result of your failure to make full payment on time; d) the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. e) where we make a significant change or cancel your arrangements more than 70 days before departure; f) we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

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.

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.

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.

Please note, where you book transportation (carriage or otherwise) through any provider other than us (“Third Party Transportation”), to enable the ability to partake in travel that is booked through us (i.e. disembarkation port for a cruise booked through us, “Disembarkation Point”), it is your responsibility to ensure you have allocated enough time to reach the Disembarkation Point within plenty of time of departure.

Where you encounter a delay or cancellation due to Third Party Transportation, we will have no liability to you, including where such delay and/or cancellation affects your ability to join and/or engage in the travel arrangements which you have booked with us (i.e. reaching your Disembarkation Point in plenty of time of departure).

Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at 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. Reimbursement in such cases is the responsibility of the airline and 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 condition 10 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 or on our website 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 “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the UK.

This website/brochure 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.

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.

(1) 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 set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your [confirmation invoice and the information we provided to you regarding the services prior to booking ]. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your [confirmation invoice and the information we provided to you regarding the services prior to booking ].

(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.

(3) 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 acts and/or omissions of the person affected; or (b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or (c) Events Beyond Our Control (as defined in condition 10).

(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel 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 this contract. ii) In any circumstances in which a carrier is liable to you by virtue of 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.

(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the [confirmation invoice and the information we provided to you regarding the services prior to booking ] 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 in respect of any claim for damages or compensation whatsoever 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

(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.

(8) 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; (b) relate to any business; (c) indirect or consequential loss of any kind.

(9) 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.

(10) Where it is impossible for you to return to your departure point as per the agreed return date of your holiday, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” may include 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.

We do our best to ensure your holiday runs smoothly, but if you do have a problem during your holiday, please inform our local representative immediately who will endeavour to put things rights.

If your complaints can not be resolved whilst you are on holidays and you wish to complain further, you must send a formal written noticed of your compaing 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. Please keep your written notice concise and to the point as this will assist us in quickly identifying your concerns and speed up our response to you. If you fail to follow this simple procedure set out in this clause, this may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect our rights under this contract. 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

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.

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.

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 10). Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

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. . 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.

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).

If your package holiday does not include flights, we provide financial protection for such holidays by way of a ond held by ABTA Ltd. The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk. You agree to accept that in the event of our insolvency, ABTA may arrange for the travel services you have booked to continue, or for a suitable alternative to be provided at the same cost of your original booking. You also agree to accept that in circumstances where the travel services supplier provides the services you have booked, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.

If you book arrangements other than a package holiday from us, the financial protection referred to above does not apply so your monies will not be financially protected.

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.

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.

We can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your package itinerary. It is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through.

Such information which you may need to check includes (but is not limited to) passport requirements including how valid your passport must be after return date, whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETA for UK travel and/or ETIAS for EU travel.

You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.

• the Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to UK residents); • UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship. • Embassies, High Commission and/or Consulates; • own doctor.

For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs. 35. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.

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.

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, 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. Our 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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

Steps to claim: To qualify for the recommend a friend promotion you will need to be a previous customer who recommends a second person who has not travelled before with us to book either a package holiday or escorted tour. When the recommended person books, they will need to quote the recommendees name and postcode. Upon completion of the new booking and identifying both parties the voucher will be sent to each person. If the recommended person books an escorted tour then both will receive a £100 Gift Card, if they book a beach or other package holiday then both will receive a £25 Gift card.

Promotion Terms:

-The promotion is valid for new bookings only and cannot be used in conjunction with any booking previously made.

-The promotion will be fully redeemed once a qualifying booking has been made and the gift card sent.

-The recommended individual must mention the recommender at the time of booking, this promotion cannot be applied retrospectively.

-This promotion is available to direct clients and may not be used by Travel Agents, Affiliates or other partners.

The promotion has no equivalent cash value and no refunds or cash alternative will be offered. Improper use of the promotion by you including but not limited to publication or selling of the gift card is prohibited and may constitute fraud.

This promotion is published by Sunspot Tours Ltd and its partner and may not be published on any other websites without prior consent.

These terms and conditions shall be governed by and construed in accordance with English law.

Further conditions (on top of these listed here) applying to individual vouchers will be printed on the voucher in question Usual booking terms and conditions apply, and all bookings are subject to availability.

This promotion may not be used by employees of Sunspot Tours Ltd We reserves the right to vary the promotion conditions of use or to withdraw the promotion at any time. Our decision is final in all matters relating to this promotion. Sunspot Tours Ltd is the promoter of this offer

Private Transfers

Private transfer prices are based on a minimum of two people (maximum four). If one person is travelling the cost will be double.

Shuttle Transfers Your shuttle will wait for a maximum of one hour after your flights scheduled arrival time. Multiple drop offs will be made en route to your hotel. Your return transfer time will be advised 24 hours prior to departure. Shuttles do not depart at scheduled times, they run on demand. In the unlikely event of a missed shuttle transfer representatives locally will assist you in making alternative arrangements (payable locally). It may not always be possible for Shuttles to drop you off/pick you up at the hotels reception due to the size of the vehicles. The drop off/pick up point may be outside of the hotel grounds, but will be in close proximity.

Your meal plan starts when you check in to your hotel, and ends when you check out and is subject to restaurant and bar opening hours. Our hotels will generally offer a number of different meal plans or board basis for you to choose from. For your ease we have defined the basic elements of each board basis here:

Room Only (RO) – No Meals Included

Self-Catering (SC) – No Meals Included

Bed & Breakfast (BB) – Breakfast Included

Half Board (HB) – Breakfast and evening meal included

Full Board (FB) – Breakfast, lunch and evening meal included

All-Inclusive (AI) - Breakfast, lunch and evening meal as well as other selected elements included.

What is included within meal plans varies from hotel to hotel; we therefore recommend that you check this with our reservations consultants prior to booking. As standard, Breakfast will be in a continental style and we cannot be guarantee that a cooked option will be available. In certain countries the breakfast may also include various national dishes which you may consider different to what you are accustomed to. On holidays including Half Board and Full Board meal arrangements, your lunch and evening meal will normally be either a buffet or based on a table d’hote set menu unless otherwise stated. Please note that in some of our hotels Gentlemen will be required to wear long trousers at meal times. When taking an All-Inclusive holiday the following may apply: You may be required to wear a wrist band or carry an identification card to qualify for the full range of inclusive benefits. Times when free drinks & snacks are served can vary but are typically between 11.00am and midnight. After that a cash bar may operate. Bottled water may not be included as part of your All-Inclusive package. There may be a charge for motorised sports, time limits on some other free sporting activities as well as age or experience qualifications for some sports. If you are under 18, you may have to wear a different coloured wrist band or carry a different identification card to those issued to adult guests. Travellers who are under 18 years old should not expect to be served alcohol. A la carte meals are not included as part of the All-Inclusive package unless otherwise notified by the hotel. For full terms we recommend you read the All-Inclusive section in our terms and conditions and speak to our reservations consultants.

Throughout this website we have had to abbreviate some words, please find a full list below:

Ad - Adult, Ch - Child, RO - Room Only, SC - Self Catering, BB - Bed & Breakfast, HB - Half Board, FB - Full Board, AI - All-Inclusive.

Smoking and Vaping has been banned or restrictions are in place in several destinations we feature Please refer to the relevant country’s tourist board website prior to travel. Please note that public areas include bars, restaurants, hotels, shops, coaches and the airport. Separate smoking and vaping areas that are well ventilated will be at the discretion of individual bar, café or restaurant owners.

Please note if you are flying with Easyjet or Jet2 you are required to check in online which we will do for you on your behalf at a fee. Upon booking your holiday if you have opted for us to check you in online, you will receive a confirmation. Advance Passenger Information forms along with your invoice. Please note it is extremely important that you complete these forms and return them to Mercury Holidays as soon as possible in order for us to complete your online check-in, failure to do so will result in you being charged at the airport or refused boarding. Once we have received your forms, boarding passes will be sent approximately 10 days prior to departure. Mercury Holidays will not be held responsible for any charges or other losses incurred if the forms are not received by the deadline date. If you are flying with Ryanair you MUST check in online and print your own boarding passes prior to departure, please be advised that we are unable to do this on your behalf. You agree that we cannot be held responsible if you do not follow the given instructions of the relevant Suppliers or Airlines.

All our prices (including flight and hotel supplements) are per person and are based on the shared occupancy of double or twin-bedded rooms. Rooms may have twin or double beds regardless of the name of the room on your booking confirmation. If you require a specific bed configuration then please ask for this in the special requests box before you confirm your booking. All special requests are subject to availability. While a supplement is normally charged for single rooms in European hotels these are often inferior to double or twin-bedded rooms. Three-bedded rooms are usually twin rooms with an extra bed. (Alternative accommodation supplements are given with the individual holiday details and all accommodation supplements are per person daily). As far as possible we will use the hotels stated in the brochure. Occasionally it may be necessary to use an alternative hotel of equal standard and you will be advised at the earliest opportunity (see clause 7 for further information).

Check-in times are usually between 2pm and 4pm, check out times between 10am and 12 noon on the day of departure. Therefore, if you check-in immediately after a night flight this would normally count as one night’s accommodation. Similarly if your return flight is at night you will normally be required to vacate your rooms at check-out. Day rooms are subject to availability/ cost and should be arranged locally with the hotel.

One of the main attractions of holidaying abroad is to see something of a way of life that is different to what we are used to at home. You should not therefore expect things to be the same as the UK - invariably this is not so. For example star ratings should not be compared to the equivalent star ratings in the UK. Where it is stated that there is satellite TV in your room, please do not expect to receive more than 1 or 2 English channels. In other countries - some of which have only recently become accustomed to an influx of foreign tourists - the locals tend to be more relaxed in their approach to life, and this usually means taking their time over things. Also, because of the rapid development of some resorts, the provision of roads, power supplies and water supplies etc. has sometimes not kept pace with the demands of tourism. You may experience problems with plumbing or drainage or inconvenience like a broken door handle, or missing lightbulb. Standards of furnishing or electrical fittings may be more basic. It is also worth remembering that on a holiday where the absence of rain rates high on your list of priorities, water shortages can sometimes be unavoidable - indeed even in the largest hotels if everyone decides to shower or bath at the same time, hot water may run short. If this should occur, please report any issues to the reception desk at the hotel. They will aim to resolve these as soon as possible.

Food overseas can also be a little different to what you’re used to. The choice of food is a very personal matter and often hotel menus are designed to please the greatest number of people. However, many resorts do have restaurants and snack bars where British style dishes can be bought if you prefer.

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

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.