Booking terms and conditions
OctopusTravel Booking Conditions
Please read the following booking conditions carefully as they govern all bookings made (whether through OctopusTravel’s website or otherwise) with OctopusTravel.com Limited (“OctopusTravel”)
The terms set out below apply when you book through OctopusTravel hotel accommodation and any other travel components. They apply whether you book one component or more than one component. Booking more than one component does not create a package pursuant to the Package Travel, Package Holidays and Package Tours Regulations 1992.
1. Making your Booking
- Your booking will only be a confirmed booking when OctopusTravel has issued a confirmation voucher referring to the relevant booking reference number. OctopusTravel will only do this when it has received payment in full.
- You confirm that you are at least 18 years of age. You must be 21 years of age to check in to Las Vegas hotels. All bookings are personal to you and whether your booking may be sold, assigned or otherwise transferred is dependent on the supplier of the hotel accommodation or other travel components.
- Before you book and before you travel, it is your responsibility to check to see whether or not the Foreign and Commonwealth Office (FCO) has issued travel advice or warnings about your destination. OctopusTravel strongly recommends that you consider any relevant advice from the FCO or your own Government’s travel advisory service advice prior to making your booking. Information from the FCO may be found at www.fco.gov.uk/knowbeforeyougo. OctopusTravel has no responsibility to advise you about these matters.
- Before you book and before you travel it is also your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting. It can often take some time to obtain a passport or visa and therefore you should apply well in advance. In peak periods it is advisable to allow at least 4 weeks. OctopusTravel recommends that you check passport/visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Foreign Office (www.fco.gov.uk) regarding health requirements or visit websites such as www.nathnac.org and www.hpa.org.uk for information. OctopusTravel will have no liability to you if you or any member of your party travel without the correct passport and visa or without the necessary vaccinations.
- Please notify OctopusTravel at the time of booking if you are of limited mobility, or have any other disability or require special assistance. If so notified OctopusTravel will ask its suppliers to accommodate your needs. OctopusTravel cannot guarantee that its suppliers will be able to accommodate your needs and is not in a position to require them to do so. Even though OctopusTravel communicates your needs to its suppliers OctopusTravel does not accept any liability to you for any failure by suppliers to satisfy your needs and will not be liable to you for any losses you may incur in the event that OctopusTravel or its suppliers are unable to accommodate your requirements.
- The time prior to travel and up until which bookings will be accepted by OctopusTravel on your behalf is dependent on the supplier of the hotel accommodation or other travel component/s. Bookings for accommodation require at least one full name for each room. Please check your details carefully before you book as incorrect or incomplete details may result in the booking being cancelled and you may be charged a fee to cover any resulting administration costs incurred by OctopusTravel in having to amend or cancel any bookings made by you.
- OctopusTravel reserves the right to refuse, at its sole discretion, any booking you seek to make through OctopusTravel.
- OctopusTravel may, at its discretion, charge you an Offline Booking Fee for any offline bookings made by you via OctopusTravel’s Customer Services Team.
2. Payment terms
- Payment in full is required at the time of booking. Payment should be made through OctopusTravel’s website by credit or debit card.
- Price increases may occur any time prior to full payment being received from you, and you will be liable to pay any such increases in full.
- Prices are shown in the currency requested with rates of exchange calculated on a daily basis. Prices may therefore differ on a daily basis to reflect any movement in exchange rate levels. When you make your booking the exchange rate will be fixed at the time OctopusTravel issues its confirmation invoice and will apply to any amendments or cancellations within the booking. Exchange rates are determined by OctopusTravel.
- Some hotels, including but not limited to Florida and Las Vegas hotels, may charge you resort fees on arrival at the hotel or at the end of your stay. Resort fees are payable to the hotel and are usually calculated by the hotel on a per night basis. Resort fees are in addition to the amount paid by you to Octopus Travel at the time of your booking. If you have any questions with regards to potential resort fee charges, please contact Octopus Travel’s Customer Care Team who will take reasonable steps to provide you with clarification of your query subject to the information being made available to Octopus Travel by the supplier.
4. Transfer of Bookings
Transfer of your booking is subject to the supplier’s own terms and conditions and the applicable amendment or cancellation charges of that supplier.
- Changes to and/or cancellation of your booking are subject to the changes and cancellations provisions set out in these Booking Terms and Conditions and the change and cancellation provisions as included in the hotel or other travel component’s description on OctopusTravel’s website or as otherwise provided to you or brought to your attention by OctopusTravel’s Customer Services Team.
- If the changes and cancellation policy included in the hotel or other travel components description on OctopusTravel’s website or as otherwise provided to you or brought to your attention by OctopusTravel’s Customer Services Team conflicts in any way with these Booking Terms and Conditions, these Bookings Terms and Conditions shall prevail.
- Please note that the change and cancellation policies for hotels and other travel components vary. It is your responsibility to read all applicable change and cancellation policy provisions carefully. If you cannot locate the supplier’s changes and cancellation policy on OctopusTravel’s website please contact OctopusTravel immediately.
- If you do not arrive at the accommodation on the date on which you booked to arrive or you leave the accommodation earlier than the date on which you booked to leave, then you will only be entitled to cancel or amend the booking from the time when OctopusTravel receives such notification from you during OctopusTravel’s working hours.
- Requests for cancellations and amendments must be made by you through OctopusTravel’s Customer Services Team during office hours. Any cancellations or amendments notified directly to the hotel or other travel accommodation will not be effective. Reservations not amended or cancelled through OctopusTravel’s Customer Services Team may still be charged to you in full at OctopusTravel’s sole discretion.
- In the event that you cancel or amend your booking for accommodation, OctopusTravel may, at its discretion, charge you a cancellation or amendment charge. In addition, most suppliers may also charge you a cancellation or amendment charge for any cancellations or amendments you make in relation to your booking.
- It is unlikely that OctopusTravel will have to make any changes to your travel arrangements. OctopusTravel will not cancel your travel arrangements less than two (2) weeks before your departure date, except for reasons beyond OctopusTravel’s reasonable control. If OctopusTravel is unable to provide the booked travel arrangements, you can either have a refund of all monies paid to OctopusTravel (to the person/s who originally paid for the booking) or accept an offer of alternative travel arrangements of comparable standard from OctopusTravel, if available.
6. Information Accuracy
Descriptions of accommodation, facilities and services (including, without limitation, any star rating information provided on OctopusTravel’s website) are based on information obtained from OctopusTravel’s suppliers. Please note that suppliers describe accommodation, facilities and services using varying terminology. For example, some suppliers may describe a room with two separate beds as a “double room” where other suppliers may describe the same room as a “deluxe room”. If you are unsure about a description displayed on the OctopusTravel website, please contact OctopusTravel’s Customer Care Team who will take reasonable steps to provide you with clarification of your query subject to the information made available to OctopusTravel by the supplier. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where suppliers advise OctopusTravel about significant changes to descriptions or about the withdrawal of any significant facility, OctopusTravel will tell you as soon as possible. Some activities or facilities, water-sports for example, may not be available all year round. There may be a charge for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, tennis courts, pool tables and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. Any transfer times OctopusTravel quotes for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
7. Our Liability to You
- OctopusTravel’s responsibility is to make arrangements for the provision by the relevant suppliers of the components you book, but it does not have any responsibility for the operation of the component itself.
- OctopusTravel has no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from your use of the arrangements booked with OctopusTravel unless OctopusTravel has negligently failed to select a normally competent provider of the relevant arrangement. Further, OctopusTravel has no liability to you in any event for any consequential loss which you may suffer in relation to any arrangements which you book to coincide with the arrangements you have booked with OctopusTravel.
- Please note, in the unlikely event of our collapse/insolvency, any money you have paid is not protected by a scheme of financial protection. If this is important to you, we recommend you obtain suitable travel insurance.
- Without prejudice to the generality of the above, if any international convention applies to or governs any of the services or facilities arranged or provided by OctopusTravel, or provided by any of its 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, OctopusTravel’s liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will also 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). International Conventions which may apply include: in respect of rail travel, the Berne Convention 1961; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You can get copies of the relevant conventions if you ask OctopusTravel. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your travel arrangements.
8. Suppliers’ conditions
- In respect of all rail bookings, OctopusTravel acts as an introductory agent on behalf of our rail suppliers. Your contract for such rail bookings will be with the actual carrier, tour operator or other service provider. All such bookings will be subject to the rail suppliers booking terms and conditions and any other applicable conditions of the rail supplier in addition to the conditions of carriage and byelaws of the railway operators over whose lines you travel on your journey together with those of any other carrier. It is your own responsibility to check the travel itinerary and ensure that all details are correct.
- OctopusTravel’s suppliers have their own booking conditions, and you will be bound by these, so far as the relevant supplier is concerned. These suppliers’ conditions will also apply to your contract with OctopusTravel, and in the event of any conflict between the suppliers’ conditions and OctopusTravel’s conditions, the suppliers’ conditions will prevail other than in the event of any conflict with Clause 5 above in which event Clause 5 will prevail, save to the extent that any term in the suppliers’ conditions is deemed to be invalid or unenforceable, in which event OctopusTravel’s conditions will prevail. Some of the Suppliers’ conditions may limit or exclude liability on the part of the relevant supplier, and, by virtue of their application to your contract with OctopusTravel, may also limit or exclude OctopusTravel’s liability to you, and they are often subject to international convention. Where relevant, copies of such conditions may be available for inspection at the office of the relevant supplier.
- Complaints regarding hotel accommodation or other supplier’s services must be brought to the attention of the hotel or supplier’s management as soon as possible during your stay. If the complaint is not resolved to your satisfaction, you must notify OctopusTravel immediately on the telephone number provided on your Voucher.
- If you consider that your complaint is not dealt with adequately at the time, you must notify OctopusTravel as soon as possible in writing and in any event within 28 days of your return, quoting your original booking reference and providing all relevant information about your complaint.
- Please note that failure to follow the above procedure may reduce or extinguish any rights you have to claim compensation from OctopusTravel, or from the relevant supplier. Any such rights will be reduced or extinguished particularly if, had you followed the above procedures, you or OctopusTravel or its suppliers could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered. Further, it is difficult and sometimes impossible properly to investigate a complaint if it is not notified reasonably quickly once your trip is over. Your right to claim compensation may therefore also be reduced or extinguished, should any delay in your complaint being notified during or after your trip, prevent the carrying out of a proper investigation.
10. Personal Information
OctopusTravel will provide your personal information, as well as any personal information you provide in relation to those other persons who form your booking party, to suppliers who might be located outside the UK and/or EU, to enable the operation of the services requested by you. If you make special requests, which include, but are not limited to, special dietary, religious or disability-related requirements, which constitute sensitive information, the relevant data will also be passed to the relevant suppliers to enable provision of the services to you.
11. Privacy Statement/Site Terms
- OctopusTravel’s privacy statement and site terms are incorporated into these terms. From time to time OctopusTravel randomly records telephone calls as a security measure and to monitor and improve customer service.
- OctopusTravel may also use your contact details to inform you of OctopusTravel’s products including special offers that it thinks may be of interest to you. If you do not want OctopusTravel to use your contact information to send details of its products to you please say so in an email to email@example.com.
12. Hotel Price Guarantee
- OctopusTravel is confident that its prices are already the best on the web, but if you book a hotel room with OctopusTravel and then find a lower price on the internet, send in your claim to OctopusTravel which, provided it validates your claim, will issue you with a refund for the difference. Validation of your claim includes your claim complying with the specific conditions set out in the rest of this clause.
- OctopusTravel’s price promise only applies to prices offered by other online travel agents.
- OctopusTravel’s price promise does not apply to villa or apartment accommodation.
- You must submit your price match claim by sending an e-mail to firstname.lastname@example.org with the following information: · Your OctopusTravel booking reference number; and · Company name and web address of other online travel agent; and · Price offered by other online travel agent.
- Having received your price match claim, and provided OctopusTravel considers it is justified, it will confirm this to you via e-mail within 2 business days of receipt of your claim, and will credit the card used to make your booking within 10 working days of receipt of your claim with the refund amount.
- Your claim must be based on a like for like comparison of the same type of room and occupancy in exactly the same hotel, the same services as those offered by OctopusTravel (e.g. inclusive of service charges, taxes and breakfast) and be for the same dates as actually booked.
- You must claim the refund within 24 hours of the time of your booking with OctopusTravel.
- OctopusTravel must verify the claim to their reasonable satisfaction.
- The accommodation at the lower price must be available immediately by an on line booking. Accordingly, rooms not available for immediate confirmation but are offered at a lower price are excluded.
- The accommodation at the lower price must not be a special offer price, discounted due to frequent flyer mileage credits, a promotional price or part of a package.
- OctopusTravel reserves the right to withdraw or alter in anyway, and without notice, the price guarantee detailed in this clause 12.
13. Your Responsibility
OctopusTravel wants all its customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If OctopusTravel (or another person in authority) believes your actions could upset other customers, our suppliers or its own staff, or put them in danger, your holiday / travel arrangements may be ended and this could mean OctopusTravel or its suppliers may ask you to leave your booked accommodation at your own expense.
14. Law and Jurisdiction
Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes.