Virgin Holidays Booking Conditions
All bookings with Virgin Holidays are subject to our Booking Conditions. They are available in full here for your information and should be read before making an online booking.
There are a number of conditions about how you use our website. These conditions are published here for your information.
1. Travellers will receive all essential information about the package before concluding the package travel contract.
2. There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
3. Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
4. Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
5. The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
6. Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
7. Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
8. Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
9. If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
10. Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
11. The organiser has to provide assistance if the traveller is in difficulty.
12. If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. We have taken out insolvency protection with the financial protection entity The Air Travel Organisers Licensing (ATOL) You can contact The Air Travel Organisers Licensing (ATOL) scheme Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email firstname.lastname@example.org if services are denied because of our, Virgin Holidays insolvency.
13. The Package Travel and Linked Travel Arrangements Regulations 2018 can be found at - https://www.legislation.gov.uk/uksi/2018/634/contents/made
Your contract is with Virgin Holidays Limited, a member of ABTA with membership number V2043 and ATOL holder number 2358.
The following Terms shall have the meanings set out below when used in these Booking Conditions:
means Virgin Holidays Limited.
means the Holiday booked by you or any person on your behalf.
‘Unavoidable and extraordinary circumstances’
means any circumstances which are unusual and/or unforeseeable which are beyond the control of Virgin Holidays, the consequence of which could not have been avoided even if all due care had been exercised, including (but not limited to) war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; closure of airports; fire; flood; drought; re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation and all similar events outside our control. Changes occurring because of the recommendation of governments, international organisation, police or the foreign and commonwealth office; and all similar events outside of our control.
the following are examples when made before departure:
a. A change of resort area for the whole or a major part of your holiday,
b. A change of accommodation to that of a lower official classification for the whole or a major part of your holiday,
c. A change of UK departure airport (excluding change of London Airports),
d. A change of outward departure time or overall length of your holiday of twelve or more hours.
means a package as defined in the Package Travel and Linked Travel Arrangements 2018.
These conditions apply to all Holidays and govern your relationship with Virgin Holidays. Please read them carefully before making a booking.
1. Your Holiday Contract
1.1. When a booking is made, the ‘lead name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of all members of your party the terms of these booking conditions. After we receive your booking and all appropriate payments, if the arrangements you wish to book are available, we will issue a confirmation invoice.
1.2. A binding agreement will come into existence between us when we dispatch this invoice to the ‘lead name’. This contract is governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you are a resident in either of those jurisdictions.
1.3. It is important to check the details on your invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us immediately as it may not be possible to make changes or corrections later.
1.4. Once you have made your booking, then any amendments to the booking or to your Travel Arrangements (which are subject to clause 8 below) will be subject to these Booking Conditions which will apply to that amendment immediately upon the amendment being confirmed.
1.5. These Booking Conditions apply equally to all members of your party named in the booking. Where the ‘lead name’ on the booking is booking on behalf of other persons, it is your responsibility to ensure that these Booking Conditions are brought to their attention and that they are familiar with them. We are entitled to assume that all members of your party have read these Booking Conditions. Any reference to ‘you’ or ‘your’ shall be deemed to include all named persons on the booking.
1.6. Only we, the ‘lead name’ on the booking and any other persons in your party and whose names appear on the booking shall have any rights to enforce these Booking Conditions.
1.7. The ‘lead name’ who makes and pays for the booking must be at least 18 years old.
1.8. Some airlines and accommodation providers only load their seats/rooms to sell approximately 10 months before the departure. If this applies, we will tell you at time of booking and will issue an invoice setting out the details of your booking and we will take a deposit. A contract will then exist between us on the basis that, the actual price payable will be the applicable price once the airline/accommodation provider releases the seats/rooms. The flight timings and other details will be those confirmed by the airline at the time the seats are released and may differ from those advised at the time of booking. We will also advise you of the confirmed price, flight timings and other details when the seats are released for booking by the airline. You will then have 7 days to confirm whether you wish to continue with the booking on the basis of the confirmed price, flight timings and other details or cancel the holiday and receive a full refund. We will issue a revised invoice if you confirm that you wish to continue with the booking. We will refund your deposit if the flight seats/rooms do not become available. We will have no other liability and will not be responsible for refunding any other associated costs incurred.
2. Website accuracy
Although Virgin Holidays make every effort to ensure the accuracy of the website information and pricing, regrettably errors can occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us both at the time of booking and upon receipt of the Confirmation Invoice.
3. Passports, visas, health requirements and travel documents
3.1. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure and for ensuring that you meet any foreign entry requirements. A full and valid passport is required for destinations we feature (including for children) and Visas (transit, business, tourist or otherwise) may be required for some destinations and depending on the passport you hold. Requirements may change and the length of time it is likely to take to obtain the appropriate passports and visas will vary.
3.2. 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 0300 222 0000 or visit https://www.gov.uk/browse/citizenship/passports.
Please note: For full details on passport requirements for your chosen holiday destination, please contact the Identity and Passport Service on 0300 222 0000 or www.direct.gov.uk or the US Embassy on 0207 499 9000 or https://uk.usembassy.gov
Please note: special conditions apply for travel to the USA, and all travellers must have individual machine readable passports. Please check https://uk.usembassy.gov.
3.3. It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates. Requirements do change and you must check the up to date position in good time before departure.
3.4. You should consult your doctor for current recommendations and information on inoculations or vaccinations before you depart relevant to the destination you will be visiting or transiting through. Virgin Holidays accepts no liability if you or any member of your party are refused entry into any country due to failure to hold the correct passport, visa and/or other travel documentation required by any airline, authority or country you are visiting or transiting through (whether or not you are required to leave the aircraft) including but not limited to a valid ESTA as referred to below.
3.5. Travel to certain destinations may involve greater risk than others. You are strongly recommended to review any travel warnings, prohibitions, announcements or advisories issued or updated by The Foreign & Commonwealth Office Travel Advice Unit at www.gov.uk/travelaware prior to booking your international Travel Arrangements and regularly prior to departure.
USA – Travel Authorisation (ESTA)
3.6. It is mandatory for anyone travelling to or transferring through the US under the Visa Waiver Program, to obtain approval to travel no later than 72 hours prior to travel by completing an online process ESTA (Electronic System for Travel Authorisation) scheme. The cost of an ESTA is currently approximately $14 per person and can be obtained by visiting https://esta.cbp.dhs.gov or the Visit USA Website at www.visitusa.org.uk where further information on the scheme and the up to date fee can also be found. Once completed and approved, the ESTA application is valid for two years and allows multiple visits without the need to reapply. Failure to obtain an ESTA could result in the passenger being denied boarding by the airline.
3.7. 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.
3.8. You should consult your doctor for current recommendations and information on inoculations or vaccinations before you depart relevant to the destination you will be visiting or transiting through during your trip. It is your responsibility to ensure that you are fit to travel and meet all health entry requirements, obtain recommended inoculations, vaccinations take all recommended medication and follow all medical advice before departure. For medical advice regarding all destinations you intend to visit or transit through during your trip you should consult your doctor and the Department of Health’s website in advance. We recommend that you take evidence of your up to date inoculations or vaccinations with you when travelling as it may be required for entry into a country or destination. Virgin Holidays shall not be liable if you are refused entry into any country or destination because you cannot show that you have received all required inoculations or vaccinations or because you do not satisfy the health requirements of any destination.
4.1. It is a condition of your booking with us that you and all other members of your party including all infants and children, are adequately insured on your holiday. It is your responsibility to ensure that the insurance policy you purchase is suitable, covers your requirements (including but not limited to health requirements and car hire requirements) and is adequate for your particular needs and travel arrangements. Please read and take it with you on holiday.
4.2. Please note that if you transfer your holiday, you cannot transfer the holiday insurance. The new traveller must ensure that they have their own insurance in line with these booking conditions.
4.3. We strongly advise that you 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, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked.
5. Your financial protection
5.1. We provide full financial protection for our package holidays, by way of our Air Travel Organisers Licence number 2358 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email email@example.com. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
5.2. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
5.3. If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, (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 ATOL scheme.
5.4. If you book arrangements other than a package holiday (e.g. accommodation only), the financial protection referred to above does not apply.
5.5. If you have booked a Package which is flight inclusive and which commences in the Republic of Ireland, we hold a Travel Agents Licence Number TA0743 issued by the Commission for Aviation Regulation as a requirement have arranged an approved secure bond. This means that when you book a Package with us you can be entirely confident that in the unlikely event of our insolvency before or during your booked trip, if you are overseas full arrangements will be made to repatriate you at the end of your trip by CAR and any money you have paid to us is fully secured by ATOL.
6. Paying for your holiday
6.1. We accept payment by credit card and debit card. In order to confirm your chosen arrangements, you must pay a non-refundable deposit, which may be higher than the standard deposit to secure specific types of airline tickets, tours, cruises etc, and this will be confirmed to you at time of booking. If booking within 12 weeks of departure full payment will be required by credit card or debit card. The balance of the cost of your arrangements (including any surcharge where applicable) is due not less than 12 weeks prior to departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 will become payable and we will retain the deposit paid.
Booking through Virgin Holidays Retail Stores and Call Centre
6.2. If you make a booking with us through our dedicated retail stores or call centre rather than booking online, a non-refundable booking fee will be charged.
Credit Card Fraud Contingency
6.3. If you do not supply the correct credit or debit card billing address and/or cardholder information, your booking will not be confirmed, the issue of your tickets may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if payment is declined for any reason or if you have supplied incorrect credit or debit card information. We also reserve the right to carry out random checks (including but not limited to a search of the electoral roll) in order to minimise credit or debit card fraud. As a result of this, before issuing tickets we may require you to provide us with a postal copy of proof of address, a copy of your credit or debit card and a recent statement. If we become aware of, or are notified of, any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you will be liable for all costs and expenses arising from such cancellation, without prejudice to any action that may be taken against us.
7. Your holiday price
7.1. Virgin Holidays endeavours to ensure that the most up-to-date and correct prices are shown on the website (our brochures indicate a guide price). We reserve the right to raise or lower prices at any time. Occasionally, an incorrect price may be shown, due to an error. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible upon us becoming aware of the mistake. We reserve the right to cancel the booking if you do not wish to accept the price which is actually applicable to the travel arrangements.
7.2. For Packages, changes in fees (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates) and services mean that the price of your travel arrangements (or any part of them) may change after you have booked your travel arrangements. However, there will be no change to the cost of your travel arrangements within 20 days of departure.
7.3. In relation to the price of Packages, we will absorb, and you will not be charged for any increase equivalent to up to 2% of the price of your total travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 8% of the price of your total travel arrangements (excluding insurance premiums and amendments charges), 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 monies paid, except for any amendment charges and cancellation charges already incurred. We will consider at our discretion an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel due to a price increase of more than 8%, you must exercise your right to do so within 14 days from the issue date printed on your invoice.
7.4. Should the price of your travel arrangements go down due to the changes mentioned in clause 7.2 above, by more than 2% of the total cost of your travel arrangements, then any refund due will be paid to you. We will deduct from this refund our administration expenses incurred. 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 arrangements due to contractual and other protections in place.
7.5. You should be aware that some Suppliers may authorise or charge your payment card at check-in as a deposit for any incidentals such as room service, telephone calls or other hotel services or for damage or incidents occurring during your stay and which are not part of your holiday package with Virgin Holidays. Some Suppliers may require a cash deposit upon check-in for customers who do not have a payment card. The amount authorised or charged can vary considerably depending on the Supplier and/or the destination. It is your responsibility to ensure sufficient funds or credit are available to cover the amount required by the Supplier. Virgin Holidays is not responsible for setting the amount of any deposit required and if you have any queries you should contact the Supplier prior to departure.
Onboard Gratuities / Service Charges
7.6. Cruise lines operate varying policies regarding onboard tipping. Many will automatically add a daily charge to your onboard account. This charge will either be discretionary or mandatory; if discretionary the charge may be removed upon request. Some cruise lines also allow this daily charge to be pre-paid at the time of booking and this can be cheaper than paying onboard.
7.7. In addition to any daily charge, a compulsory service charge of approximately 15-20% often also applies to all bar, spa and salon bills. This compulsory charge is not covered when pre-paying any daily service charge. Prices exclude any gratuity or service charge that may be payable on board or in advance.
7.8. As per the cruise lines’ terms and conditions, you will be required to abide by the cruise line’s gratuity / service charge policy and must settle your account in full before disembarking the ship at the end of your cruise.
8. If You Change Your Booking
8.1. If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will endeavour to make these changes (subject to these Booking Conditions and any applicable charges being paid by you), but it may not always be possible. All amendments are subject to availability and eligibility to make changes and actual charges applying will be advised to you when you request the change. Any request for changes to be made must be from the ‘lead name’ on the booking. Written notification by mail or email from the ‘lead name’ on the booking must be received at our offices as soon as possible. If we agree and are able to make the changes requested, you will be asked to pay an administration fee of £50 per person and any further cost we incur in making this alteration. In cases where the administration charges made by our Suppliers are higher we reserve the right to pass on such charges to you.
8.2. You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer, including an administrative fee of £50 per person.
8.3. Name change requests within 48 hours of the date of departure cannot be guaranteed. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight. If you request to change all names on a booking, this will be considered as a cancellation and new booking and full cancellation charges will apply.
8.4. You should be aware that any amendment costs or fees could also increase the closer to the departure date that changes are made. Only one change of departure date, per booking may be permitted, subject to availability. Any changes to your departure date will be treated as a cancellation and full cancellation charges will apply. In addition, you will be asked to pay an admin fee of £50 per person and a new deposit per person to secure the new departure date. Any further changes may be treated as a cancellation by you and result in cancellation charges being applied.
Please note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation of your travel arrangements and a cancellation charge of up to 100% of the relevant part(s) of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.
8.5. We reserve the right to increase or change the administrative fees referred to above at any time.
9. If You Cancel Your Holiday
9.1. You, or any named member of your party, may cancel your travel arrangements at any time prior to departure. Written notification by post or email from the ‘lead name’ on the booking must be received at our offices as soon as possible. Since we incur costs in cancelling your travel arrangements, you will be required to pay the applicable cancellation charges (with the exception below). For more information see below.
Please note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company. Your insurance premium is non-refundable by us.
9.2. You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.
Period before departure within which notice of cancellation is receive by us in writing
% of total booking price*
More than 84 days
Loss of deposit
Less than 7 days
*In some cases the deposit may be a higher amount to secure your arrangements, this will be non-refundable and the charges will be added to the cancellation charges above. In cases where cancellation charges made by our suppliers are higher than the cost of the deposit, we may pass the charge on to you. Please ask for full details and we will notify you of the specific charges applicable to your booking.
9.3. Our cancellation charges are a percentage of the total holiday cost together with the other factors set out in this section. The total holiday cost does not include your insurance premium. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us. Please note that any amendment charges are non-refundable. For insurance premiums, you should refer to your insurance provider’s cancellation policy.
Please note: If you have booked a cruise, any cancellation will incur additional cancellation charges including those in line with the relevant cruise line’s charges.
Please note: In the case of cancellation after receipt of documents, no refund will be given unless unused tickets are returned to us.
Please note: If only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay extra room charges e.g. single room supplements.
9.4. After departure no refund will be made on any part-used components of your holiday (e.g. unused flights, unused car hire or as a result of early check-out). You will be charged 100% of the price of all part-used components. Any voluntary changes made by you when on holiday will incur additional charges.
9.5. All cancellation charges become payable by you immediately upon confirmation of the cancellation.
Please note: Certain arrangements may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements.
10. If We Change or Cancel Your Holiday
10.1. We begin planning the arrangements we offer many months in advance and so we reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed and payment has been received. We must also reserve the right to cancel confirmed bookings at any time. For example, if the minimum number of travellers required for a particular travel arrangement is not reached we may have to cancel it.
10.2. Most changes are insignificant but occasionally, we may have to make a significant change. If we have to make a significant change or cancel, we will tell you as soon as possible. We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given, your booking may be cancelled. We will offer you the choice of the following options:
(a) (For significant changes) accepting the changed arrangements, or
(b) Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference), or
(c) Cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
10.3. We reserve the right to cancel your booking. We will not cancel less than 12 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
10.4. In all cases, except where the significant change arises due to reasons of unavoidable and extraordinary circumstances and subject to the exceptions below, we will pay you the following compensation:
These scales are based on how many days before your booked holiday, departure date, we notify you of a major change.
Period before departure when a major change is notified
Compensation payable per adult (for children see below)
More than 84 days
Less than 7 days
Please note: the above payments are per full fare-paying passenger (excluding infants). For children invoiced at reduced rates, compensation will be paid on a pro-rata basis of the adult rate.
10.5. We will not pay you compensation and the above options will not be available if we make an insignificant change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. We will not pay you compensation if we cancel because there has been any fraud or illegal activity involved in the payment of your booking on your credit or debit card.
10.6. We will not pay you compensation where we make a significant change or cancel more than 12 weeks before departure or in the event of unavoidable or extraordinary circumstances.
10.7. Very rarely, we may be forced by unavoidable or extraordinary circumstances 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.
10.8. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
10.9. Brexit Implications: Certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union, the implications of which are unavoidable and extraordinary circumstances that are entirely beyond our control. We will continue to monitor the situation and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. Please note that we will not be liable to pay you any compensation.
11.1. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out in clause 10. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
11.2. If you are delayed for a reason other than for unavoidable or extraordinary circumstances and in respect of the main flights included in your Holiday, if the delay exceeds 4 hours we will ensure that you receive light refreshments from the airline; if it exceeds 6 hours, you will receive a main meal and in the event of a longer delay, wherever possible, you will receive meals and accommodation appropriate for the time of day.
11.3. We are not always in a position at the time of booking to confirm the carrier(s), aircraft type and flight timings which will be used in connection with your flight. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) or any change in the identity of the actual carrier(s) as soon as we become aware of this. The carrier(s), flight timings and types of aircraft shown online and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which you will receive electronically before departure. You must accordingly check your etickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched — we will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges.
11.4. This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
Please note: In accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under 2 years of age on the day of its return flight.
Please note the existence of a ‘community list’ (available for inspection at http://europa.eu) detailing air carriers that are subject to an operating ban with the EU Community.
12.1. When you book a Holiday with Virgin Holidays you accept responsibility for the proper conduct for yourself and your party whilst on Holiday.
Please note: For the purposes of this section reference to “you” or “your” includes any other person in your party.
12.2. If we or any other person in authority or any Supplier of any service is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned with immediate effect.
12.3. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time the damage or loss was caused to the service supplier concerned failing which, we reserve our right to make a claim against you as set out at 12.6.
12.4. If you are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see clause 9). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
12.5. If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you.
12.6. As a result of your behaviour during any stage of your holiday including on an aircraft, transfer, in any accommodation, cruise or excursion; we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.
13. If you have a complaint
13.1. If you have a complaint whilst away you must immediately notify our local representative and the supplier of the service (s) and complete a report form in resort. If they are unable to resolve the problem, you should contact us straight away on the details shown in your travel documentation and we’ll do everything reasonably possible to resolve your complaint whilst you’re on holiday.
13.2. If you are still not satisfied on your return home, please call us on 0344 557 8830 option 2, email us at firstname.lastname@example.org or write to Customer Relations Department at Virgin Holidays Limited, The VHQ, Fleming Way, Crawley, West Sussex, RH10 9DF within 28 days, giving your booking reference and all other relevant information.
13.3. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you fail to follow these procedures, your right to compensation may be affected as we will have been deprived of the opportunity to rectify the problem. Please also see clause 14 below.
14. Additional assistance
14.1 If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
15. What happens to complaints
15.1. We are a Member of ABTA, membership number V2043. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com
16. Our liability to you
16.1. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both.
(1) In respect of Packages
We promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do.
(2) In respect of other arrangements
We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/flight, as well as using our reasonable skill and care in choosing our suppliers.
(3) In respect of Packages and other arrangements
We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
(4) Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel and Linked Travel Arrangements Regulations 2018 impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
(5) We limit the maximum amount we may have to pay you for any claims you may make against us. The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
You can ask for copies of the travel service contractual terms, or the international conventions, from us at the details provided.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under any convention or regulation which applies to the travel arrangements or hotel stay in question. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves.
(7) Local Excursions/Activities/Events/ Resort Credits
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for through our concierge service or whilst you are away (‘Local Events’) are not part of your package holiday provided by us and these website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
(8) Resort Credits
Resort credits provided or offered by hotels do not form part of your package holiday. We do not accept liability for any items or experiences including excursions, activities or events booked using resort credits.
(9) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
(10) Every occurrence of unavoidable or extraordinary circumstances will lead to the suspension of the obligations in these Booking Conditions and we shall not be liable as a result of our inability to meet such obligations in an event. If it is impossible to ensure your return as scheduled due to unavoidable or extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notify us of these needs at least 48 hours before the start of your holiday.
17. Data protection/privacy
18. Special requests and medical information
18.1. If you wish to make a special request, you must do so at the time of booking. We will pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
18.2. We are happy to advise and assist you in choosing a suitable holiday. As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. If you have any specific dietary needs or severe allergies please contact us to discuss your personal needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please call the Virgin Holidays’ Special Assistance Department on 0844 557 3998 or email email@example.com.
18.3. In respect of cruises, expectant mothers in or over their 24th week of pregnancy at the start of the cruise may not be able to travel on certain cruise liners. Pregnant women may be required to provide medical documentation confirming fitness to travel. Cruise liners can refuse boarding and will not accept any responsibility if the requirements are not met. You must inform us if you or any other member of your party is pregnant or becomes pregnant prior to travel.
Registered in England: company number 1873815. Registered address: Company Secretariat The VHQ, Fleming Way, Crawley, West Sussex, RH10 9DF
The information data and material ("Information") contained in this web site ("Web Site") has been prepared solely for the purpose of providing information about Virgin Holidays Limited ("Virgin Holidays"), its subsidiaries and partners and the services that they offer. We try to ensure that information contained on this Web site is accurate and up to date. However, you should always verify the information before acting on it, by calling our Telesales Department or your local travel agent. All holidays sold by Virgin Holidays are sold subject to our booking conditions, which should be read before making an online booking.
1. Content and Subscriber Submissions
1.1 The contents of the Web Site are intended for your personal non-commercial use. All materials published on this Web Site (including, but not limited to articles, features, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, trademarks or other intellectual property rights and are owned or controlled by Virgin Holidays, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this Web Site.
1.2 This Web Site and its Contents are protected by copyright pursuant to English and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 1.3 of these Terms and Conditions), create new works from, distribute, perform, display or in any way exploit, any of the Content of this Web Site (including software) in whole or in part.
1.3 You may however download or copy the Content and other downloadable items displayed on the Web Site subject to the following conditions:
1.3.1 The material may only be used for your personal non-commercial purposes. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Virgin Holidays or the copyright holder identified in the copyright notice contained in the Contents;
1.3.2 All copies must maintain copyright and other intellectual property notices contained in the original material;
1.3.3 The products, technologies or processes illustrated or described in this Web Site may be the subject of other intellectual property rights reserved by Virgin Holidays or by other third parties. No licence is granted in respect of those intellectual property rights; and
1.3.4 Images, trademarks and brands displayed on this Web Site are protected by copyright and other intellectual property laws and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
2. Access and Availability of Service and Links
This Web Site contains links to other related World Wide Web Internet sites, resources and sponsors of this Web Site. Since Virgin Holidays is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
3. Software Licences
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access this Web Site ("Access Software"). You may not sub-licence, assign or transfer any licences granted by Virgin Holidays, and any attempt at such sub-licence, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
4. Conditions of Carriage
The carriage of passengers, baggage and cargo by air is subject to the Conditions of Carriage and regulations of the carrier concerned. Carriage of passengers and baggage on flights operated by Virgin Atlantic is subject to the Conditions of Carriage. If the carrier operating your flight is not Virgin Atlantic, please contact that carrier for further details of their Conditions of Carriage. Other services and products described in this Web Site may well be subject to terms and conditions, details of which may be obtained from Virgin Holidays or their service provider (as applicable).
The conditions of contract (which incorporate by reference Virgin Atlantic's General Conditions of Carraige for passengers and baggage) are a precis of the main principles of the Conditions of Carraige. You can also view a summary of EC Regulation.
5. Changes to Terms and Conditions
Virgin Holidays may from time to time change, alter, adapt, add or remove portions of these Terms and Conditions but if it does so it will post any such changes on this Web Site.
6. Changes to Web Site
Virgin Holidays may also change, suspend or discontinue any aspect of the Web Site, including the availability of any features, information, database or content or restrict your access to parts or all of the Web Site without notice or liability.
7. No Warranties
This publication is provided "as is" without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.
8. Liability for Losses
By accessing this Web Site you agree that Virgin Holidays will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this Web Site or from your access of other material on the internet via web links from this Web Site.
9. No Offer to Sell
Nothing in this Web Site shall constitute an offer to sell any securities and must not be relied upon in relation to any investment dealings.
The exclusions and limitations contained in these Terms and Conditions apply only to the extent permitted by law.