Terms & Conditions

Fly Sun Ways Ltd. Booking Conditions 

These Booking Conditions apply to your booking with Fly Sun Ways Ltd t/a flysunways.com, of 81 Turners Hill, Cheshunt, Waltham Cross, Hertfordshire, EN8 9BA (“we” or “us”). Fly Sun Ways Ltd has several websites and trading names i.e. www.Flysunways.com. 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.

These Booking Conditions (together with our privacy policy and any other written information we brought to your attention before we confirmed your booking) set out our respective rights and obligations. Please read them carefully as you will be bound by them.

Our aim is for our booking conditions to be understandable and easy to read, however if you have any further questions then please contact us and we will be happy to help you.

We act in the following capacities: as a principal to help you to arrange individual holiday products, and as a Flight-Plus, Car Hire and Accommodation only provider. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out below as clearly as possible. Section A contains the conditions which will apply to all bookings. Section B applies to Flight-Plus Holidays, Car Hire and Accommodation Only bookings.

SECTION A – APPLICABLE TO ALL BOOKINGS

By making a booking, you agree on behalf of all persons detailed on the booking that you have read these terms and conditions and agree to be bound by them. When making your booking, you undertake that the details you give to us are accurate and in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of your booking.

You accept financial responsibility for all transactions made under your name or account. In order to make a purchase you must be over 18 years old and failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the issue of your tickets during which time the cost of your booking may increase. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied. If you need to contact us about any aspect of your booking or about these terms and conditions, please do so, making sure that you have your reference number to hand. In most cases we can only discuss the booking with the person who made the reservation which will be deemed to be the lead name on the booking.

A1 – Your Reservation: – Once you have booked and paid your deposit or full payment as applicable, we will reserve your holiday on the basis of these terms and conditions. Your booking will be taken as confirmed in respect of all persons named on your booking and a binding contract between us will come into existence when we send out confirmation & account to you or your travel agent. Prior to doing so, we or the Travel Agent may send you an acknowledgement of your booking. Any such acknowledgment simply confirms that we are dealing with your booking request and is not a confirmation of it. Please check your confirmation & account together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the confirmation & account or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept responsibility if we are not notified of any inaccuracies in any document within ten days of sending it out (seven days for tickets). We will do our best to rectify any inaccuracies notified outside these time limits. However, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is a good reason why you did not contact us within the time limit. We can only accept the booking if the lead name is a minimum of 18 years on or before the date of departure – if less than 18 at the time of booking, the written consent of a parent or guardian is required before the booking can be made.

A2 – Our price policy: – Prices are believed correct at the time of publication. We reserve the right to change prices from time to time. Accordingly, it is possible that when you book your holiday the actual price may have gone up or down. If the price of your holiday has changed, the correct price will be confirmed at the time of booking. We reserve the right to correct errors at any time prior to the price being confirmed at the time of booking. Once you have made your booking and paid the deposit or full payment if booking within eight weeks of departure and the price of your chosen holiday has been confirmed by your confirmation and account, we will only increase or decrease it in the following circumstances. Prices increase or decreases after the booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, where our transportation costs (e.g. Aviation insurance and security levy, fuel scheduled airfares and any other airline surcharge which are part of the contact between airlines (and their agents) and the tour operator and/or any dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increase or decrease or where our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday. Even in the above cases, we will absorb increased costs up to a total amount equivalent to 2% of the cost of your confirmed holiday (excluding insurance premiums and any amendment/administration charges). Only if the increased cost exceeds this 2% will we levy a surcharge. In either case, there will be an administration charge of £1 per person together with an amount to cover agent’s commission. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums, any amendment charges or administration charges), you will be entitled to cancel your booking and receive a full refund of all the monies paid to us (except for any amendment/administration charges) or alternatively purchase another holiday from us as referred to in clause 3 – ” If we change your holiday arrangements”. Although insurance (where purchased through us) does not form part of your contract with us or any “package”, we will consider an appropriate refund of any insurance premiums you have paid to us, if you can show you are unable to use/re-use or transfer your policy, in the event of cancellation or purchase of an alternative holiday. A refund will only be payable if the decrease in our above costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease of our costs. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday where you are entitled to do so in accordance with this clause. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you 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. We promise not to surcharge within 30 days of departure.

A3 – Payment: – The balance due date is clearly listed under the Summary of Costs. It is the lead passenger’s responsibility to ensure that cleared funds are received by the date detailed. Failure to adhere to this time frame will result in a late payment administration fee of £30.00 being levied. If you are having problems paying within this time frame please contact our after sales Department, who under certain circumstances may be able to extend this for you. Failure to pay within the time frame specified may result in your booking being cancelled. There are various payment options available to you. You can send a cheque to the Head Office address detailed on the front page. Alternatively, you may pay the balance with a payment card on-line via the ‘Manage my Booking’ tab on www.flysunways.com or over the telephone by contacting 0208 800 3836. Please note that balance payments paid via this method will incur card authorization charges – debit cards incur a 1.25% charge, credit cards a 3.00% charge and American Express a 4.00% charge. You can also do a bank transfer. Please contact our After sales Department if you wish to pay via this method and they will advise you of Fly Sun Ways Ltd. bank details. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Where you have booked a package provided by us, you will be subject to our cancellation charges if you fail to pay the balance. See Section C below.

Your contract with us or the supplier (as applicable) will begin when we verbally confirm your booking or issue your confirmation documentation. When making your booking, you will undertake that the details you give to us are accurate and in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of your booking.

The information advertised comes from individual suppliers, however, the data is sent by a third party. As agents for suppliers we are constrained by the information they provide. Although every care is taken to ensure our prices are correct, please be aware that as we use third party data, there may be occasions where the prices shown are incorrect. For example a £280.00 flight might be shown for £28.00. Please accept our apologies for any accidental misrepresentations on this web site or other affiliate sites. We may also receive incorrect information concerning hotel descriptions and images. We cannot accept liability for these errors. Prices can fluctuate and although every care is taken to update the prices as often as possible there are occasions when prices may increase or decrease, when this happens, we will attempt to contact you within 3 business hours to advise of this. If this does happen no funds will be taken from your card until you authorize to do so and no contract will be in place either with us or the supplier.

A4 – Special request: –If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.

A5 – Insurances: – Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

A6 – Accommodation rating and standards: – All hotels have an official rating, which is made based on the facilities and amenities provided. The Travel Provider also awards each property their own rating, which is based on their experience and customer feedback, and this, may differ from the official rating of the property. Official ratings are given by the local Tourist Board and so will differ depending on which country you are visiting. All hotels will adhere to the local Health and Safety standards and guidelines.

The facilities on offer may vary depending on the season travelling and can be removed or closed at the discretion of the hotelier. Please note that all ratings shown on this website are the operators own rating. In some cases, the supplier may display both their own rating and the official rating, which may differ.

Fly Sun Ways Ltd, Act as an agent for several hotels and accommodation suppliers. During the course of our business, we enter into commercial agreements with suppliers or other partners i.e. (transfer companies, airlines etc.). All our partners are selected among the top providers in their industry; however, we shall not be liable when their terms and conditions or privacy policies are different from ours. You are encouraged to review our partner’s policies.

A7 – Building works: – From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. Often, we do receive advance notice of when it will begin, in which case you will be informed prior to making your booking or within a reasonable time of us being notified. If in any case you have not been informed, and we consider the work will have a significant effect on your stay, we will then review the option of partial or full refund.

A8 – Elderly/disabled clients: –We are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all requests in advance before a booking is confirmed.

A9 – Behaviour: – Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.

A10 – Delivery of documents: – All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by email. If you require a copy to be sent by post there will be an administration charge of £15 to issue your documentation. Once documents leave our offices, we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you.

A11 – Passports, visas and health: – We cannot provide expert information regarding passport, visa or health requirements and it is therefore your responsibility to obtain this from the embassies or consulates of the countries you are visiting. We will not accept any responsibility if you should be denied boarding or be deported due to your failure to present the appropriate documentation when requested to do so. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details.

We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.

A12 – Complaints: – Where you have booked a Flight + Hotel and Accommodation only with us.

Flysunways.com is responsible for making the booking in line with the Customer’s offer to make a booking. The Customer’s contract is with the Principal and its booking conditions apply. As agent, Flysunways.com accepts no responsibility for the provision of the Product by the Principal. Complaints should be addressed to the Principal and Flysunways.com undertakes to ensure that the full contact details of the Principal will be provided to the Customer if they are not already printed on the voucher.

We all do our best to give you/your client an enjoyable, trouble-free holiday, but occasionally even the best laid plans can go wrong. If you have a problem or complaint about the overseas part of your holiday you must tell your accommodation/hotels whilst abroad as soon as possible so that it can be sorted out on the spot. This must be reported to the accommodation/hotel immediately. If matters are not resolved to your satisfaction locally, if you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. If your complaint cannot be resolved there and then, you must complete a report form at your accommodation in the resort. You will be given a copy of this to keep so you can send to the Agent. You must also tell the hotel you are complaining about.

Please note, that  Flysunways.com do no offer Resort representative service so therefore you need to report any complain to the Hotel so that it can be sorted out on the spot or phone our office, if after speaking with the Hotel you are still not happy please call our office, from abroad dial 0044 208 800 3836, we will speak to the hotel and try to fix whatever you are not happy with

A13 – Your financial protection: – When we are acting as a Principal, many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. Please ask us about the protection that applies to your booking. If you receive an .... Certificate then you will have ....... protection. Please note that ........ protection is not available for flights that are with low-cost carriers or where your payment is made direct to airlines. Where necessary, we will add supplier failure insurance to your booking automatically in order to protect you.

Any money paid to us in respect of a booking including flights is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the supplier of your arrangements for so long as that supplier does not fail financially. If that supplier does fail financially, any money we hold at that time or subsequently accept from you is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the applicable supplier.

“When you buy an .......... protected fight or flight inclusive holiday from us you will receive an .......... 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.

We, or the suppliers identified on your ......... Certificate, will provide you with the services listed on the ........ 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 ....... 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 .......... holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ........ holder. However, you also agree that in some cases it will not be possible to appoint an alternative .......... holder, in which case you will be entitled to make a claim under the ......... scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ........ certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ........... 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 .......... scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ......... scheme”.

A14 – Force majeure : – 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 of the service 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 all similar events outside our or the supplier concerned’ s control.

A15 – Conditions of suppliers: –Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

A16 – Low deposit Scheme: – This scheme is based on accepting a booking on a lower deposit than is actually required in order to secure your booking. The agreed amount will be taken from your card at the time of booking with the balance being taken automatically approximately 20 days later, the exact date of which would have been clearly specified to you at the time of booking. In the event that you cancel your booking you will be held liable for the difference in the cancellation charge imposed by the Travel Provider and the low deposit amount already paid.

If you have paid a low deposit, for example £80pp, the balance amount may be shown incorrectly on your paperwork, Please refer to the notes as shown on your paperwork. When paying a deposit only on a schedule flight the total flight price cannot be confirmed until full balance is received as the deposit simply secures a confirmed allocation on the aircraft but does not guarantee the flight price.

A17 – Changing or cancelling your booking: – In accordance with the Data Protection Act we are only permitted to speak to the Lead Passenger on the booking. If the requested change is permitted you will be asked to confirm any amendment or cancellation in writing noting that any information and costs given are only valid at the time of the new quotation. It is therefore in your interest that we receive any written notification as soon as possible. If any changes have occurred in the interim we will inform you of the new details before proceeding. If you wish to cancel your booking the amount charged will depend on the charges imposed by the supplier with whom your contract is with. if the airlines for with we book your flights on you behalf go under administration, we will do a very best to find you an alternative flight but you will have to pay in full for the new flights, we will try our best to see if we can cover the cost from the company from which we book the original flights. Please note that all Scheduled Airlines and No Frills Flights are non-refundable and any cancellations will result in 100% loss.

For any amendment or cancellation we are permitted to make an additional charge of £50.00 per person over and above that of the supplier’s cost. We also make an additional charge of £20.00 per person over and above the supplier’s cost if you choose to add an extra service related to your flights for example; pre-booked meals, baggage, seats or an upgrade etc.

A18 – Low cost and charter flights only : – When booking a “Charter, low cost/no frills” flight through our website you are entering into a contract directly with the airline concerned and you will be subject to their terms and conditions which you must refer to on the relevant airlines website. We will issue a confirmation invoice those details of the booking. I the airlines we use to book your flights go into administration, we will do our best to find you an alternative flights, but you will have to pay in full for the new flights, we will try to see if we can recover the cost of the new flights from the original airline for which we book the original flights, we will advise as soon as we hear from the liquidator or the CAA.

A19 – Data protection and privacy: – Please see our data protection and privacy policy for full information regarding the way in which we use and store your personal data.

A20 – Law and jurisdiction: – These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

SECTION B: FLIGHT-PLUS HOLIDAYS, CAR HIRE AND ACCOMMODATION.

B1 – Your contract: – When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise Company or other supplier) named on your receipt. For all of our bookings we act as agent for the supplier we act as your agent when making a booking with most no frills airlines. Details will be given at the time of booking. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’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. You may wish to purchase flights, hotel, car rental, transfer services or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations (see section C below); and unless you book a Flight-Plus, your booking may not benefit from .......... protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.

B2 – Changes or cancellations: – We will inform you of any changes or cancellations as soon as reasonably possible. You will need to let us know your choice within the time frame we stipulate. If you fail to do we assume you wish to accept the changes or full refund. We accept no liability for any changes or cancellations made to your arrangements which are under our contract. I the airlines we use to book your flights go into administration, we will do our best to find you an alternative flights, but you will have to pay in full for the new flights, we will try to see if we can recover the cost of the new flights from the original airline for which we book the original flights, we will advise as soon as we hear from the liquidator or the CAA

B3 – Our service charges: – The level of our service charges or booking fees is up to £50 per person.

B4 – Payments: – If you have paid a deposit, you must pay the full balance by the balance due date notified to you on the conformation/invoice. If full payment is not received by the balance due date, we will cancel your booking and charge the cancellation fees set out in their booking conditions.

B5 – Flight-plus bookings: – Booking a Flight-Plus provides you with protection under our ........ in the event of supplier insolvency; a Flight-Plus booking does not constitute a package as described in section C below. A Flight-Plus exists where you request to book a flight out of the UK, or a flight into the UK where you depart from the UK by another means and on the same day, the day before or the day after, you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus. I the airlines we use to book your flights go into administration, we will do our best to find you an alternative flights, but you will have to pay in full for the new flights, we will try to see if we can recover the cost of the new flights from the original airline for which we book the original flights, we will advise as soon as we hear from the liquidator or the CAA.

A Flight-Plus will also exist where on the same day, the day before or the day after you have requested to book: a) a non-flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK. Please note that a single flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (............) Regulations 2012.

B6 – Our liability for flights-plus bookings: – In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the .......... Regulations 2012. If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ..............holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.

If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the .............. holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will seek to provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.

If, after your intended departure on a Flight-Plus we become aware that your living accommodation or car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or car hire making up your Flight-Plus, we will seek to provide you with suitable alternative living accommodation or car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, car hire and other tourist services forming part of your Flight-Plus.

Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.

If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant supplier of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.

In some circumstances, the CAA will arrange and fund the obligations set out in this section. In this situation, on behalf of the CAA we are entitled to levy a £25 claims processing fee per passenger which you agree to pay to us if such an event happens. You will also be charged £25 per passenger for our service of processing the claim on your behalf as your agent. We reserve the right to invoice you for this separately or to deduct it from any refund sums due to you. It will not be appropriate to pay you compensation in the event that the CAA takes on the obligation to provide you with alternative services.

We, or the suppliers of the services you have bought, will provide you with the services listed on the ........Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able do so for reasons of insolvency, an alternative ...........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 ..........holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ..........holder. However, you also agree that in some cases it will not be possible to appoint an alternative ........ holder, in which case you will be entitled to make a claim under the ......... scheme (or your credit card issuer where applicable).

B7 – Accommodation only bookings: – Fly Sun Ways Ltd, Act as an agent for several hotels and accommodation suppliers. During the course of our business we enter into commercial agreements with suppliers or other partners i.e. (transfer companies, airlines etc.). All our partners are selected among the top providers in their industry; however, we shall not be liable when their terms and conditions or privacy policies are different from ours. You are encouraged to review our partner’s policies.

B8 – Car hire only bookings : – Fly Sun Ways Ltd, Act as an agents for several Car hire companies, The car Hire is protected by ..............if is book as part of a package i.e. Flight+Hotel+Car Hire. During the course of our business we enter into commercial agreements with suppliers or other partners (i.e. transfer companies, airlines etc.). All our partners are selected among the top providers in their industry; however, we shall not be liable when their terms and conditions or privacy policies are different from ours. You are encouraged to review our partner’s policies.

Furthermore, we may allow our partners to use information collected by us in order to promote their products or services with you. Links and access to sites of partners of ours are provided for your convenience

B9 -Pricing: – When you book travel arrangements with us, you must pay the full price or deposit of the travel arrangements at the time of booking. If you book via a Travel Agent, all monies you pay to the travel agent are held by them on our behalf at all times. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. 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, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, 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 equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. 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.

B10 – If we change or cancel your holiday: – It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. “Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.

If we have to make a major 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 major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (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 you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

If we make a major change or cancel, less than 91 days before departure, we will also pay compensation as detailed below:

We will not pay you compensation where we make a major change or cancel more than 91 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for we use to book your flights go into administration, we will do our best to find you an alternative flights, but you will have to pay in full for the new flights, we will try to see if we can recover the cost of the new flights from the original airline for which we book the original flights, we will advise as soon as we hear from the liquidator or the CAA.

A19 – Data protection and privacy: – Please see our data protection and privacy policy for full information regarding the way in which we use and store your personal data.

A20 – Law and jurisdiction: – These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

SECTION B: FLIGHT-PLUS HOLIDAYS, CAR HIRE AND ACCOMMODATION.

B1 – Your contract: – When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise Company or other supplier) named on your receipt. For all of our bookings we act as agent for the supplier we act as your agent when making a booking with most no frills airlines. Details will be given at the time of booking. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’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. You may wish to purchase flights, hotel, car rental, transfer services or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations (see section C below); and unless you book a Flight-Plus, your booking may not benefit from ............ protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.

B2 – Changes or cancellations: – We will inform you of any changes or cancellations as soon as reasonably possible. You will need to let us know your choice within the time frame we stipulate. If you fail to do we assume you wish to accept the changes or full refund. We accept no liability for any changes or cancellations made to your arrangements which are under our contract. I the airlines we use to book your flights go into administration, we will do our best to find you an alternative flights, but you will have to pay in full for the new flights, we will try to see if we can recover the cost of the new flights from the original airline for which we book the original flights, we will advise as soon as we hear from the liquidator or the CAA

B3 – Our service charges: – The level of our service charges or booking fees is up to £50 per person.

B4 – Payments: – If you have paid a deposit, you must pay the full balance by the balance due date notified to you on the conformation/invoice. If full payment is not received by the balance due date, we will cancel your booking and charge the cancellation fees set out in their booking conditions.

B5 – Flight-plus bookings: – Booking a Flight-Plus provides you with protection under our ..............in the event of supplier insolvency; a Flight-Plus booking does not constitute a package as described in section C below. A Flight-Plus exists where you request to book a flight out of the UK, or a flight into the UK where you depart from the UK by another means and on the same day, the day before or the day after, you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus. I the airlines we use to book your flights go into administration, we will do our best to find you an alternative flights, but you will have to pay in full for the new flights, we will try to see if we can recover the cost of the new flights from the original airline for which we book the original flights, we will advise as soon as we hear from the liquidator or the CAA.

A Flight-Plus will also exist where on the same day, the day before or the day after you have requested to book: a) a non-flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK. Please note that a single flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.

B6 – Our liability for flights-plus bookings: – In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ..............Regulations 2012. If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the .............holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.

If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ............holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will seek to provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.

If, after your intended departure on a Flight-Plus we become aware that your living accommodation or car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or car hire making up your Flight-Plus, we will seek to provide you with suitable alternative living accommodation or car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, car hire and other tourist services forming part of your Flight-Plus.

Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.

If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant supplier of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.

In some circumstances, the CAA will arrange and fund the obligations set out in this section. In this situation, on behalf of the CAA we are entitled to levy a £25 claims processing fee per passenger which you agree to pay to us if such an event happens. You will also be charged £25 per passenger for our service of processing the claim on your behalf as your agent. We reserve the right to invoice you for this separately or to deduct it from any refund sums due to you. It will not be appropriate to pay you compensation in the event that the CAA takes on the obligation to provide you with alternative services.

We, or the suppliers of the services you have bought, will provide you with the services listed on the ...........Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able do so for reasons of insolvency, an alternative .............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 ............holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative .............holder. However, you also agree that in some cases it will not be possible to appoint an alternative .............holder, in which case you will be entitled to make a claim under the ...........scheme (or your credit card issuer where applicable).

B7 – Accommodation only bookings: – Fly Sun Ways Ltd, Act as an agent for several hotels and accommodation suppliers. During the course of our business we enter into commercial agreements with suppliers or other partners i.e. (transfer companies, airlines etc.). All our partners are selected among the top providers in their industry; however, we shall not be liable when their terms and conditions or privacy policies are different from ours. You are encouraged to review our partner’s policies.

B8 – Car hire only bookings : – Fly Sun Ways Ltd, Act as an agents for several Car hire companies, The car Hire is protected by ..............if is book as part of a package i.e. Flight+Hotel+Car Hire. During the course of our business we enter into commercial agreements with suppliers or other partners (i.e. transfer companies, airlines etc.). All our partners are selected among the top providers in their industry; however, we shall not be liable when their terms and conditions or privacy policies are different from ours. You are encouraged to review our partner’s policies.

Furthermore, we may allow our partners to use information collected by us in order to promote their products or services with you. Links and access to sites of partners of ours are provided for your convenience

B9 -Pricing: – When you book travel arrangements with us, you must pay the full price or deposit of the travel arrangements at the time of booking. If you book via a Travel Agent, all monies you pay to the travel agent are held by them on our behalf at all times. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. 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, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, 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 equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. 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.

B10 – If we change or cancel your holiday: – It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. “Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.

If we have to make a major 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 major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (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 you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

If we make a major change or cancel, less than 91 days before departure, we will also pay compensation as detailed below:

We will not pay you compensation where we make a major change or cancel more than 91 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 45 days before departure).

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

We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Very rarely, we may be forced by “force majeure” to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.

B11 – If you cancel your holiday: – If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices or by email. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable (credit card charges, booking fees, ........... charges and service charges) in the event of the person to whom they apply cancelling).Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.

If you wish to cancel all or part of your booking, you should ask us or your Travel Agent to write to us or if you booked direct, the person who made the booking must write to us. If some or all of your party cancel their holiday we are entitled to treat your booking as cancelled in accordance with these booking conditions, we will levy a cancellation charge on the scale shown in the table below.

** “Holiday cost” does not include insurance premiums and any handling/amendment fee or other costs paid if you change your booking which are not refundable in the event of your cancellation.



B12 – Delays, missing resort transfers and other travel information : – If you or any member of your party misses your flight or other transport arrangement i.e. resort transfers, 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.

The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any 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 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.