We are Birdie Breaks Limited, a company registered in United Kingdom number 15536271.
Our address is Unit A 82 James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE.
These terms and conditions are your contract with us for provision of any Holiday Services and or event you book with us.
In this document, “you” and “your” include the lead-named person on the booking confirmation (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
| “Holiday” | means any holiday constituted in the services we offer. |
| “Holiday Services” | means our service in providing a Holiday to you. |
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“Regulations”
“Event Listing page” |
means The Package Travel and Linked Travel Arrangement Regulations 2018.
Means the individual page on www.birdie-breaks.com listing the trip detail and upon which the “book now” button has been pressed.
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Please refer to the Event Listing Page and or booking confirmation for information on the items included within your specific package.
We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of £50 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made.
If you would like to transfer your booking from one person to another, the following terms apply:
| More than fourteen weeks before departure: | Deposit |
| Fourteen weeks or fewer before departure: | No refund |
Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.
As we plan your holiday arrangements many months in advance, we may occasionally have to make changes or cancel your booking, 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. Please note that carriers such as airlines used in the brochure may be subject to change.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of what might be “significant changes” dependent upon the details of your booking include the following, when made before departure:
(a) A change of accommodation area for the whole or a significant part of your time away.
(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
(c) A change of outward departure time or overall length of your arrangements by more than 12 hours.
(d) 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 and East Midlands
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
(e) A significant change to your itinerary.
Cancellation: We will not cancel your travel arrangements less than 98 days 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.
Insurance If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
Compensation
In addition to a full refund of all monies paid by you, we will pay you reasonable compensation, 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.
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make a minor change;
(b) where we make a significant change or cancel your arrangements more than 98 days before departure;
(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control
If we become unable to provide a significant proportion of the arrangements 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.
For all Birdie Breaks Limited hosted events and Holidays, your main point of contact will be your host. Contact details for your host will be sent to you via email before the event or Holiday and shown on the event listing page on our website.
If you have a problem during your Holiday, it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem – for your benefit and ours. If that happens, you may lose your right to compensation.
If you feel our representative has not resolved to your problem, please write to us within 14 days of your return giving us full details of your Holiday and concise details of the complaint and any subsequent history.
Arbitration
If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. A fee is payable by each party when an application for arbitration is submitted.
Details of this scheme are available from The Travel Industry Arbitration Service, administered by:
Dispute Settlement Services
9 Savill Road, Lindfield, West Sussex, RH16 2NY
E-mail: admin@disputesettlementservices.co.uk
This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.
19.1 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.
19.2 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.
19.3 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:
19.3.1 the acts and/or omissions of the person affected; or
19.3.2 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
19.3.3 Events Beyond Our Control.
19.4 We limit the amount of compensation we may have to pay you if we are found liable under this clause:
19.4.1 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.
19.4.2 Claims not falling under 19.4.1 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.
19.4.3 Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
19.4.3.1 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.
19.4.3.2 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.
19.4.3.3 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.
19.5 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.
19.6 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.
19.7 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.
19.8 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
19.8.1 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;
19.8.2 relate to any business;
19.8.3 indirect or consequential loss of any kind.
19.9 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.
19.10 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.
It is extremely important that you obtain and carefully check travel and immigration documents required for each country you visit. You alone are responsible for obtaining required travel documents for your party, including ensuring that your passport has at least [six] months of validity remaining beyond the date of your intended return. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that holiday, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.
Your information pack will provide details about your chosen Holiday, but the following are contractual matters:
Many of the services we provide, including options which may occur from time to time during your Holiday, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.
Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to consumable items, and you choose not to take that advice, then we are not liable for any problem which may arise.
| It shall be deemed to have been delivered: |
| if delivered by hand: on the day of delivery; |
| if sent by post to the correct address: within 72 hours of posting; |
| if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. |
The following information constitutes our privacy notice.
In this Schedule, “we”, “our”, or “us” refers to Birdie Breaks Limited and “you”, “your” refers to the lead-named person on the booking details all persons on whose behalf a booking is made.
You can contact us by e-mail about privacy at privacy@birdie-breaks.com
In this Schedule, the following words shall have the following meanings:
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“Act” |
means the Data Protection Act 2018. |
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“Data Protection Legislation” |
means all or any of: (a) the UK GDPR, (b) the Act, (c) regulations made under the Act |
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“the UK GDPR” |
means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation), as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018. |
“data controller”, “data processor”, “data subjects”, “personal data”, “process”, “processed” and “processing” shall have the meanings respectively, as defined in the Act. Note that “process” and “processing” are defined to include simple events like receiving data into our system, or storing it. Processing is not limited to “doing something with it”.
In this agreement, “personal data”, is limited to data which comes into our hands in some way connected to the terms and conditions of your booking.
We shall process this basic personal data:
The Data Protection Legislation requires us to determine under which of six defined grounds we process different categories of your personal information and to notify you of the basis for each category. We mention three categories below. The others are not relevant to your contract.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes, then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
Information we process because we have a contractual obligation with you
When a contract is formed between you and us, in order to carry out our obligations under that contract we must process personal information.
We use your information in order to provide you with our services under that contract.
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
Information we process with your consent
Only when you have given us explicit permission to do so, do we process your personal information under the basis of consent.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by telling us. However, if you do so, you may not be able to use our services further.
Information we process because we have a legal obligation
Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Booking and pre-booking enquiries
We use your personal information to arrange, process and confirm your booking and to answer any pre-booking enquiry you may have. While making your travel arrangements, we will need to disclose personal data to the suppliers of the services which are part of your booking.
Communicating with you
When you contact us, whether by telephone or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you at a later time.
Dealing with complaints
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
We may compile statistics from information relating to complaints to assess the level of service we provide, but not in a way that could identify you or any other person.
Access to your personal information
At any time, you may review or update personally identifiable information that we hold about you.
To obtain a copy of the information we hold about you, please contact us privacy@birdie-breaks.com
After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
Removal of information
If you wish us to remove personally identifiable information from our record, you should contact us at privacy@birdie-breaks.com
If you do so we have no alternative than to treat your request as notice to terminate this contract. If that happens, termination will accord with the provisions in this contract.
All provisions in this contract relating to termination, express and implied, will follow.
Verification of your identity
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.