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Section B – Linked Travel Arrangements

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8. Contract

1. Your contract is with the individual Supplier Principal(s).

2. All linked travel arrangements which we provide are not an offer by us to sell any linked arrangements, but an invitation to you to make an offer to us. We are free to accept that offer or to reject it. A contract exists as soon as we issue our confirmation of booking

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9. Pricing / Price Changes / Deposit

1. We reserve the right before you make your booking to alter the prices of any of the trips which are shown in our brochure or on the website. You will be advised of the current price of the trip or break before your booking is confirmed and documentation issued.

2. Should there be any increase in the cost to us, caused by exchange rate fluctuations, changes in transportation costs (including the cost of fuel), dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, then the price of your trip may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb 2% and you will not be charged for any increases equivalent to 2% of the price of your travel arrangements (excluding insurance premiums and any amendment charges). You will be required to meet any increase between 2% and 10%. If we have to increase the price of your trip by more than 10%, you will have the option of continuing with the trip arrangements and meeting the extra costs (above 2%) or of cancelling with a credit note of any money you have paid to us, except any charges we have incurred for amendments. If you decide to cancel the trip, you must do so within seven working days of the issue of the revised confirmation of booking invoice.

3. Should the price of your trip go down due to the changes mentioned above, by more than 2% of your cost, then any refund due will be paid to you. However, please note that trips are not always purchased in local currency and some apparent changes have no impact on the price of your purchase due to contractual and other protection in place.

4. When you make your booking you must pay a deposit per person which will be notified to you at the time of booking. The time limit in which you have to pay is variable and will be notified to you at the time of booking. In some instances, depending upon the lead time between your booking date and commencement date, payment may be due in full at the time of booking. Failure to pay your balance in full by the specified deadline will result in a cancellation of your booking with full loss of all monies paid.

5. The deposit required will depend on the components you choose. The standard deposit is £25-£100 per person for UK breaks and £50-30% per person for all international breaks. Some suppliers and/or airlines will require full payment at the time of booking, and your racing specialist will advise you at point of booking if your deposit is more than the standard. Your balance must be paid before the date specified on your travel confirmation which is normally no later than six weeks prior to travel for all UK bookings and 12 weeks for all international breaks.

6. Full payment will be required should you book within 60 days of travel in the case of a UK break and within twelve weeks of travel in the case an international break.

7. When you buy a flight-only trip, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a trip not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.

10. Changes You Make Before Travel

1. If you want to change the travel arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to the terms and conditions of the actual supplier of the travel arrangements.

2. For any changes that can be made, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation, or length of trip has to apply to all members of your booking.

3. The Lead Contact must give us written notice to change. We will apply charges from the date we receive the instruction from you.

4. For changes to flights as well as other travel arrangements, we will pass on to you the charges imposed by the suppliers of these services.

5. Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Please note that the majority of our flight providers do not typically allow changes to be made to tickets after bookings have been made.

6. You are not permitted to change all the names on any booking and at least one of the passengers (over 18) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control and not simply from a change of mind.

7. Changes such as name changes (including initial changes), destination and date changes can be treated by suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price.

8. Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.

11. If you cancel your booking

1. If you cancel your booking you will have to pay the cancellation charges of the relevant supplier(s). You will also be charged a cancellation fee per person, per booking, which reflects the losses and costs which we have incurred in cancelling the booking - Cancellations must be notified to us in writing by the Lead Contact via letter to our postal address or alternatively to our email address info@racingbreaks.com

2. These have been set out below:

   1. ​More than 60 days prior to departure - Loss of full deposit paid (a minimum of 20% of the booking value) plus any additional cancellation charges from the supplier(s) (up to 100% of booking value)

   2. 59-0 days inclusive prior to departure – Full value of booking

3. If you wish to cancel a singular part of your booking, either a component or a passenger, this may be subject to full cancellation terms as above.
4. If you do cancel, you must still pay any charges which arose before the cancellation, and any deposits paid for any pre-booked items or services.​

12. Changes Made By Us before Travel

1. From time to time we may have to change details of your booking. If any change will have a significant effect on your booking, we will tell you about it before your trip starts, if there is time.

2. If you do not want to accept a significant change, which we tell you about before you depart, we will, if we are able to do so, offer you an alternative of equivalent or closely similar standard and price at no extra cost, or a less expensive booking, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different booking offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your booking and receive a full refund of any money you have paid to us, except for any amendment or cancellation charges save where there are non-refundable components of your booking with our third-party Principal Suppliers, which offer alternative terms and conditions.

3. Unless the change is as a result of circumstances listed in the paragraph 14 below headed 'Unavoidable and Extraordinary Circumstances Beyond our Control', we will pay you compensation. If you accept the significant change or amend to a different trip offered for sale by us you will receive reasonable compensation. If you reject the significant change and cancel your booking you will receive a full refund.

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13. If your booking is cancelled

1. From time to time your booking may be cancelled and we reserve the right to do so.

2. If the booking is cancelled, we will, if we are able to do so, offer you an alternative of equivalent or closely similar standard and price at no extra cost, or a less expensive booking, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different booking offered for sale by us and pay, or receive a refund of, any price difference save where there are non-refundable components of your booking with our third-party Principal Suppliers, which offer alternative terms and conditions. Or, if you prefer, you can cancel your booking and receive a credit voucher for the money you have paid to us, except for any amendment or cancellation charges.

3. Unless the change is as a result of circumstances listed in the paragraph 14 below headed 'Unavoidable and Extraordinary Circumstances Beyond our Control', we will pay you compensation. If you accept the significant change or amend to a different product offered for sale by us you will receive reasonable compensation. If you reject the significant change and cancel your booking you will receive a full refund.

14. Unavoidable and Extraordinary Circumstances Beyond our Control

1. In these Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.

2. This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a 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 destination as agreed in your travel contract.

3. Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of Unavoidable and Extraordinary Circumstances, your booking is postponed or cancelled prior to departure, any refund can be issued by way of a protected or unprotected credit note or a Supplier Voucher Issued on behalf of our Principal Suppliers.

4. Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of Unavoidable and Extraordinary Circumstances, we change your booking after departure, or we, or our suppliers, cannot supply your booking, as we, or they, had agreed, or you suffer any loss or damage of any description.

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15. Changes Made by us After Travel

1. If, after your departure, a significant part of your booking cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.

16. Flights – Delays, Confirmations

1. Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations. If you are notified of any change to your travel arrangements by one of your suppliers directly, it is your responsibility to act upon this information and update us if the change will impact any other part of your travel arrangements.

2. We do not have any liability if you fail to advise us of any change to your travel arrangements.

3. If you fail to check in on time or follow your airline’s on-line check in procedures, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.

4. If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use any connecting or return flight to the UK. No refund can be made for any unused arrangements.

5. You should, approximately 72 hours before your departure, check the airline's website to make sure that there has been no change made by the airline to the time of your flight. This is particularly important in respect of subsequent journeys after you have left the UK.

6. If it is possible, at the time of booking, to provide details of the type of aircraft, which will be used, we will provide you with these. However, it is not possible to guarantee that this is the type of aircraft which will be used because this may change

7. Your tickets and any other documents relating to your booking will be sent to the Lead Contact's email address which you give us at the time of booking and will be delivered by e-mail in the form of an e-ticket and/or voucher(s) to the Lead Contact's email address you supplied at the time of booking. 

8. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.

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17. Airline Collapse

1. In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you. In making alternative return flight arrangements for you we will take the approach of 'like for like'. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.

18. Your Financial Protection

1. We provide full financial protection for Flight Only trips.

   1. Flight Only trips are through our Air Travel Organiser’s Licence number 9851. When you buy an ATOL protected flight you will receive an ATOL Certificate. 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, but these services are not packages and are Flight Only services.

   2. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

   3. If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

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19. Our Liability To You

1. Our obligations, and those of our suppliers providing any service or facility involved in any of your booking, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements will be proper performance of our and our suppliers' obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.

2. For claims which do not involve death or personal injury, we accept liability, subject to paragraph 14 above and 19.1, should any part of your booking not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) before you leave the UK. If we have liability, we will, subject to paragraphs 19.4, 19.5, and 19.6, pay you reasonable compensation. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.

3. Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations.

4. For claims which involve death or personal injury as a result of an activity forming part of your booking, we have liability subject to paragraph 19.1 above.

5. We accept liability in accordance with paragraphs 19.1 and 19.2 above and subject to paragraphs above except where the cause of the failure in your booking or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the booking and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.

6. If any International Convention applies to or governs any of the services or facilities included in your travel arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraph 19.7, below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all the benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your trip. Any applicable Protocols or amendments shall apply to all such International Conventions.

7. International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.

8. You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled "Complaint".

9. Should you become ill whilst on a trip, you must consult a local doctor and if necessary consult your GP upon your return to the UK. As we do not provide any representation in resort, please contact us if you require any assistance whilst overseas. Should you then wish to contact us regarding this illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.

10. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your booking.