Terms and Conditions
This is the user agreement between us, Make Holiday Memories (a trading division of Hays Travel Limited, 25 Vine Place, Sunderland SR1 3NA, UK, Co number 1990682, VAT Number: GB193167195), and you and will govern your use of our website www.makeholidaymemories.com. Please take time to read these terms and conditions. If you have any queries please contact us and we will be able to answer any questions that you have.
1. Make Holiday Memories operates to an agency model. This means that we act as a disclosed agent for third party suppliers, such as a tour operator or hotel. What this means is that a contract for holidays, flights or other travel related products (“Travel Products”) is between you and the third-party supplier. In most cases this will mean that there are additional terms and conditions governing the contract, as each supplier will have terms and conditions relating to that product. Please contact us and we will be able to supply these terms and conditions to you, where we have not already done so. As well as third party tour operators we may also refer you to tour operators in our group, if appropriate, such as Elegant Escapes.
2. In particular, please note that an airline ticket comes with certain conditions attached, which are specific to that ticket. For example, some tickets can be cancelled if purchased a certain length of time before departure whereas the same ticket is non-cancellable after a length of time. Please contact us and we will be able to assist you with this.
3. Where we act as agent this will mean that we have no contractual liability to you in respect of that product. However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any other relevant law. Where we are liable for direct loss this will be limited to a maximum of the total price of the Travel Product in respect of which a claim is made (save for the case of death or personal injury). We will not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of our site or any of the Travel Products purchased through us.
4. All products sold through Make Holiday Memories are not an offer by us to sell any product, but an invitation to you to make an offer to our suppliers. We are free to accept that offer on behalf of those suppliers or to reject it. We will send you an e-mail confirming the contract and will confirm your contract in writing.
5. Where the supplier of the Travel Product allows you to cancel or modify a Travel Product or service you must contact us in writing if you have such a request. Unless we receive a written request we will be unable to affect your request. Please note that because the contract for the Travel Product is between you and the supplier we have no discretion in deciding whether the Travel Product can be cancelled or modified. You will be required to pay any charge imposed by the supplier of the Travel Product for any cancellation or modification.
6. We accept most major credit and debit cards, except American Express. We do not charge for credit/debit card use for the cards we accept.
7. Any visa, passport and inoculation requirements are your responsibility and failure to obtain the relevant documentation is not the responsibility of Make Holiday Memories, although we can assist you in providing information should you wish.
8. Please note, some of our Travel Products are sold “subject to availability”. What this means is that we will pass your details onto our suppliers who will subsequently contact us to confirm the booking. Please note that no contract is formed until the supplier has contacted us and you have agreed to purchase the holiday.
9. Please note also that any price guides on Make Holiday Memories are for guidance purposes only and may not be 100% accurate. In the case of a mistake we reserve the right to charge the correct price. If the correct price is more than the original mistaken price then you have the option to cancel the booking without charge or to accept the higher price.
10. Because the contract for the product is between you and the supplier any queries or concerns relating to the product should be addressed to them. We will of course assist you with this and, in the first instance, please contact us with any concerns.
11. Where your contract is with a third party supplier such as a tour operator or hotel, we may pass on any essential booking details to that third party. The placing of an order for any goods and services by you will constitute consent to us passing on such details.
12. You undertake to us that the details you give to us are correct 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 the product or service. You accept financial responsibility for all transactions made under your name or account and in order to purchase a Travel Product from us you must be over 18 years old and have the legal capacity to make the transaction.
13. If there are any changes to the details supplied to us by you it is your responsibility to inform us as soon as possible.
14. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However, there may be times when obvious errors occur. For example, very occasionally, this may result in a price, product or service or other detail displayed or presented incorrectly on the Make Holiday Memories website or by one of our representatives. In this case we reserve the right to cancel that contract, but this of course will be without any liability to you.
15. We do not make any warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties
16. It is a condition of our third party suppliers that you have adequate insurance cover.
17. You must not use our site for speculative, false or fraudulent bookings.
18. The site and any content may not be modified, copied, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by you, except if you wish to make copies of the website for your own personal and non-commercial use.
19. Our site may contain links to other third party websites over which we have no control. We cannot therefore have any responsibility in relation to the accuracy, completeness or quality of the information contained on those websites. If you visit a different website to ours then it may not be an ABTA member and so you may not receive the same level of protection that we offer.
20. The copyright and the propriety rights on the website and all content are owned by Make Holiday Memories or its third party licensors and in this respect we reserve all rights.
21. The standard international practice is to let rooms from midday to midday. However, times do vary. Check-in times are usually between 2pm and 3pm, check-out times between 11am and 12 noon on the day of departure. Therefore, if you check-in immediately after a night flight this would normally count as one night's accommodation. Similarly, if your return flight is at night you will normally be required to vacate your room at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management.
22. Many of the flights and flight-inclusive holidays on the website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel service listed on this website. Please ask us to confirm what protection may apply to you booking.
If you do not receive an ATOL certificate then the booking will not be ATOL protected. If you do receive and ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected.
Please see our booking conditions for information or for more information about financial protection and the ATOL certificate go to www.atol.org.uk/ATOLCertificate
23. Sometimes we are charged an administration fee of £25 for processing ATOL claims or other supplier failure insurance claims. We reserve the right to pass this charge to the customer when assisting them in their claim.
24.If you or any member of your party have any disabilities, it is extremely important that we make the necessary arrangements to make your holiday go smoothly. We must therefore insist that you contact our offices on 01245 20 89 99 before completing any reservation to ensure compatibility for the holiday that you chose.
25. We reserve the right to change or update these terms and conditions relating to the use of www.makeholidamymemories.com from time to time.
26. Any contracts concluded with us are done so in English and are subject to the laws of England & Wales. These terms and conditions are also subject to the laws of England & Wales. You agree to be bound by the exclusive jurisdiction of the Courts of England & Wales.