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These Booking Conditions, together with our privacy policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, apply to your booking with Migos Travel Ltd trading as Skimigos (“we”, “us”, “our”) company number 15577234 of, 5-7 Buck Street, London, England, NW1 8NJ. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

We only sell package holidays (‘package’) when they are organised by other tour operators (the “Supplier/Principal”) and do so as their agent. In this case the package holiday consisting of flights (or other transport arrangements), accommodation or car hire and any other tourist services accounting for a significant proportion of the holiday, will have been pre-arranged by the Supplier/Principal and will be available to book through us. Your contract will be with the third party Supplier/Principal organising the package (not with Skimigos) and your payments will be covered by financial protection organised by that Supplier/Principal in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018. Skimigos is only acting as an agent on behalf of the Supplier/Principal in these circumstances.

You can also purchase separate, individual elements from us e.g. events, entertainment, lessons, and support (‘single component(s)’). In these circumstances, we will be the supplier of the arrangements in question and your contract for these elements will be with us. Please note that the protections provided by Package Travel and Linked Travel Arrangements Regulations 2018 will not apply to these bookings as they do not amount to a ‘package’. Where you wish to purchase a single component to take place during any package your have arranged through us, we will only facilitate that purchase 24 hours or more following the sale of the package concerned.

By making a booking, the first named personal on the bookings agrees on behalf of all persons detailed on the booking that he/she:

1. has read these Booking Conditions and agrees to be bound by them;
2. consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
3. is over 18 years of age at the time of booking and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
4. you accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

A booking is made when you make the applicable payment and we issue you with a booking confirmation. If you believe that any details on the confirmation invoice, ATOL Certificate (where applicable) or any other document, are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details that are not as a result of an error on our part, may incur an additional charge. Please ensure that the names given are the same as in the relevant passport.

When making your package booking we will arrange for you to enter into a contract with the supplier of the travel arrangements in question (i.e. hotel/tour operator/airline or other supplier), (“Supplier/Principal”). As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the travel arrangements provided by the Supplier/Principal. The Supplier/Principal’s terms & conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

A contract for a package between you and the Supplier/Principal will come into force when we issue a confirmation invoice on behalf of the Supplier/Principal. Until your package booking has been confirmed by the individual Supplier/Principal, no contract has been formed between you and the Supplier/Principal.

A contract between you and us for a single component booking will come into force when we issue our confirmation invoice.

If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the relevant supplier but we do not guarantee that they will be met and we will have no liability to you if they are not. We regret that we cannot accept any conditional bookings (i.e. any booking which is specified to be conditional on the fulfilment of a special request).

Adequate travel insurance is a condition of your contract with either us or the Supplier/Principal in question, as applicable. 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. 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.

You will be required to pay a deposit or full payment at the time of booking. If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.

Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for package arrangements will be held by us on behalf of the Supplier/Principal concerned until such time as we make payment to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.

Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation/arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.

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 booking, please provide us with full details before you make your 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. You must also promptly advise us if any medical condition or disability which may affect your trip or flight, develops after your booking has been confirmed, in case the arrangements made are no longer suitable.

All our customers 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 other customers 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 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 arrangements 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. 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.

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your trip. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any 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 passport, visa, immigration requirements or health formalities.

These Booking Conditions and any agreement to which they apply are governed in all respects by 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 by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If the supplier cannot resolve the problem to your satisfaction, you must also contact Skimigos immediately by contacting us using the information provided on your travel documentation so that we have the opportunity to help. We make every effort to ensure that your holiday arrangements run smoothly but in the event that that the issue cannot be resolved at the time, you must write to us within 28 days of return from your trip quoting the original booking reference and giving all relevant information.

Where we are acting as agent, we will forward your complaint to the relevant Supplier/Principal for resolution. We will liaise between you and the Supplier/Principal if needed but we will have no liability to you for any refunds or compensation.

Please see our privacy policy for full information regarding the way in which we use and store your personal data.

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations to packages can only be accepted in accordance with the booking conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). If you wish to cancel or amend a single component booking, we may charge the cancellation or amendment charges detailed in clause 17 below.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

We will inform you of any changes or cancellations to a package booking as soon as reasonably possible. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.

If we have to make a major change or cancel your single component booking, we will tell you as soon as possible and if there is time to do so before the arrangements are due to start, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid in respect of the changed or cancelled element or iii) accepting an offer of alternative arrangements of a standard comparable to the arrangements affected from us, if available. You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements.

Your contract for a package is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we have earned on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises because of our negligence or that of any of our employees whilst acting in the course of their employment.

We have a duty to select the suppliers of the single component services making up your booking with us with reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers of single components with reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

In respect of all bookings:-

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:-
   1. the act(s) and/or omission(s) of the person(s) affected;
   2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
   3. unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
   4. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
4. We will not be responsible or pay you compensation:-
   1. for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
   2. for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
5. Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
   1. whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
   2. the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
   3. iii. when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
      (Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
6. We limit our responsibility to you in the following situations:-
   1. Luggage or personal possessions and money
      The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money 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 assumed to have adequate insurance in place to cover any losses of this kind.
   2. Claims not falling under (i) above and which don’t involve injury, illness or death
      The maximum amount we will have to pay you in respect of all claims not falling under (i) above and which don’t involve injury, illness or death these claims is twice 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 arrangements.

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

In certain circumstances we apply a service charge for the agency service we provide, in addition to any charge levied by the Supplier/Principal, as follows: