terms & conditions
1. Terms and Conditions
The terms and conditions set out in this agreement will apply to the exclusion of all others, whether express or implied by law, and shall supersede all conditions previously issued by Access Bookings Limited. No variation or additions shall be effective unless agreed by Access Bookings Ltd and the client.
2. Application
The Company reserves the right to change the terms and conditions. You are responsible for regularly reviewing these terms and conditions. Your continued use of the company services constitutes your agreement to all such terms and conditions.
3. Interpretation
“Client” means the person or company whose booking for the service is accepted by the company.
“Company” means Access Bookings Ltd
“Contract” means the contract between the Company and the Client for the services provided.
“Incoterms 2000” means the international rules for the interpretation of trade terms of the International Chamber of Commerce 2000.
“Order” means the verbal or written purchase order by the buyer.
“Service” means any service which the Company is to supply to the Client (including any of them or any part of them). The dimensional and other data provided by the Company in respect of the service is for guidance only and is subject to change without notice. If such data is critical to requirements, please contact the Company.
4. The Service
All contracts for the service made on behalf of the Company will be on these terms and conditions(the “Conditions”) to the exclusion of all other terms and conditions (including and terms and conditions which the Client purports to apply under any purchase order, confirmation of similar document).
Services are in all cases subject to written acceptance by the Company. No additions to or variation of these Conditions and no oral stipulation or representation shall be binding on the Company unless expressly agreed to in writing.
Save as otherwise provided no Order may be cancelled by the Client once it has been accepted by the Company except with the written agreement of the Company and on terms that the client shall indemnify the Company in full against losses (including loss of profit), costs, damages, charges and expenses suffered or incurred by the Company as a result of such cancellation.
Save as otherwise provided the Client may in writing amend an Order only if the amendment is given within the cancellation policy provided to the Client and the client receives written confirmation of the cancellation including a valid ACR (Access Cancellation Reference) no.
5. Call recording
Telephone calls, both inbound and outbound, may be recorded for security, training and dispute resolution.
6. Price
Notwithstanding any offer any quotation, tenders or price list, bookings can only be accepted at date of dispatch. All bookings are regarded as separate transactions and can be subject to a small surcharge as appropriate. Exchange rate fluctuation, card and banking charges.
7. Disputes
Any dispute may at the option of either party be referred to the Chartered Institute of Arbitrators. Their award including any direction as to payments of fees and costs in the arbitration and/or the a ward shall be binding on both parties. In addition, either party has the right to initiate legal proceedings.
8. Payment
Subject as herewith hereafter provided payment is strictly NET and due 30 days from date of invoice.
The company reserved the right to charge interest on overdue accounts at 8% per annum.
Any payment due under the agreement shall be made in full without set off, deductions or counters claims whatsoever.
In the event of default of client in accordance with agreed terms of the company shall be entitled without prejudice to any other right or remedy to suspend all further business without notice
Credit terms granted may be withdrawn by the company at any time without notice.
9. Variation and Amendments
Any variance of the conditions shall only be binding if agreed by a Company Director in writing any stipulation or Conditions of a client order shall be derived to be applicable in any order placed with us unless expressly agreed to by a Company Director in writing when acknowledging the order in question.
10. Liability disclaimer
In no event shall Access Bookings Ltd or any third party provider be liable for any injury, loss, claim, damage, or any special, punitive, incidental or consequential damages of any kind (including, but not limited to lost profits or savings), whether based in contract, tort or otherwise, which arise our of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for travel reservations) or interruption of use of corruption of data, (iii) the performance of nonperformance by Access Bookings Ltd or any third party provider or distributors or (iv) any matter beyond Access Bookings Ltd’s reasonable control, even if such party has been advised of the possibility of such damages.
11. Force Majeure
The Company shall not be liable to the client in any manner or be deemed to be in breach of the Contract because of any delay in performing or any failure to perform any of the Company’s obligations under this Contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
12. Waiver
No waiver by the Company of any breach of the Contract by the Client shall be construed as a waiver or any subsequent breach of the same or any other provision.
13. Insolvency and Default
The Client fails to pay the price when due or otherwise breaches any contract with the Company; or
The Client is, or for statutory purposes is deemed to be or appears to be unable to pay its debts as they become due, or the value of its assets is less than the amount of liabilities (including contingent and prospective liabilities) or the Client otherwise becomes insolvent or suspends payment or threatens to do so or ceases to trade; or
Steps are taken to:-
(a) propose any composition, scheme of arrangement, compromise or arrangement involving the Client and its creditors generally; or
(b) obtain and administration order or appoint any administrative or other receiver or manager in relation to, or put in force any legal process against, the Client or any of its property; or
(c) enforce any charge or other security over the Clients property; or
(d) repossess any goods in the Client’s possession under any agreement; or
Where the Client is an individual or partnership, he or any partner dies or any steps are taken with a view to making a bankruptcy order against him or any partner; or
Outside England and Wales anything corresponding to any of the above occurs; or
The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client. Then in cases set out above the Client shall notify the Company forthwith in writing of such event and in all cases the Company may (at its discretion, whether or not it has received notice from the Client as aforesaid, and without prejudice to its other rights hereunder or otherwise) at any time by notice to the Client do any one or (to the extent not inconsistent with one another) more of the following:-
(a) terminate, cancel and/or rescind the contract and any other contracts with the Client
(b) declare (whereupon there shall forthwith become) immediately due, payable and interest bearing any amount owed by the Client to the Company under any contract:
(c) suspend any provision of services to be made under any contract with the Client
(d) proceed against the Client for the cost of the services and/or damages.
(e) Require the Client to indemnify and keep the Company indemnified against all liabilities in relation to any purported cancellation or failure to take delivery, including without limitation the payment of costs or other costs incurred by the Company in the course of its business and/or supplying thereof together with the cost of any service for the Clients order(s) the cost of labour and other overheads, and redundancy payments primarily attributed to such purported cancellations.
If the Client does or fails to do anything which would entitle any person to appoint a receiver of the whole or any part of the Clients assets or which would entitle any person to present a Petition for an Administration Order or the Winding Up of the Client makes an composition with its creditors or suffers any execution to be levied upon its property, or ceases or threatens to cease, to carry on business or commit any breach of this or any other Contract between the Company and the Client, the Company may without prejudice to any of it other rights under these conditions stop any services or suspend any forthcoming services by notice in writing to the Client terminate the Contract.
14. Severance
If any provision of these Conditions or any part thereof is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected thereby.
13. Copyright
The Company is the owner of any copyright. The owner of the copyright has the right to prevent third parties from, without permission: copying the work; issuing copies of the work to the Client; performing or broadcasting the work; adapting or amending the work. If someone carries out one or more of these 'restricted acts' on the copyright work without the permission of the Company, or authorises someone else to do so, then that person is infringing the copyright in that work.
14. Third Party rights
No person who is not a party to the Contract (save for any Group Company) (including any employee, officer, agent, representative or sub contractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) ACT 1999 or otherwise) to enforce any provision of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in Writing of the Company and Client which agreement must refer to this Condition
Even if a person who is not a party to the Contract (including any Group Company employee, officer, agent, representative or sub-contract of either party) has a right to enforce any provisions of the Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999, the parties may, notwithstanding the Contracts (Rights of Third Parties )Act 1999, vary or cancel the Agreement by agreement between them without requiring the consent of such third party.
15. Governing Law Jurisdiction
All contracts to which these Conditions apply can be constructed and operate as an English Contract and in accordance with English Law and all disputes be submitted to the jurisdiction of the English Courts
16. VAT
All quotations and other prices are exclusive to Value Added Tax (VAT) without exception
17. Your contract
When you book travel arrangements with Access Bookings Ltd you enter into a contract with Access Bookings Ltd and a booking fee of 10% per transaction will be incurred.
18. Payment terms
The person in whose name the booking is made acts on behalf of all other persons named and becomes responsible to us for all payments in respect of the booking. Should we have to cancel your flights/car hire/ euro travel, you will be liable to pay to us cancellation charges.
19. Airport charges and departure taxes
Action by UK or overseas government or other authorities including mandatory increases or new charges are not covered by the company’s price guarantee. UK air passengers duty, together with the airport and departure taxes as noted and will be charged separately to the fares as per invoice.
20. Amendments
If after booking you wish to change your travel arrangements, we will do our utmost to meet these new instructions as long as they are received by us in writing. Alterations cannot be made to passenger names and it is your obligation to book under the correct names as they appear in the relevant passport. Name changes will be treated as cancellation and will be subject to cancellation charges. Please note that some travel arrangements cannot be changed after reservation has been made and any alterations will incur a 100% cancellation charge.
21. Cancellation by the passenger
You may cancel your booking at any time as long as it is communicated to us in writing. Cancellation charges on airline tickets are dependent on the airline, the fare type and when cancellation takes place, please check at time of booking. It should be noted that the majority of discounted airline tickets carry a 100% cancellation charge.
22. Special requests
In the event of the company making a request e.g Meals, seats, etc, we will communicate that request to those responsible. A request cannot be guaranteed and therefore we cannot be held responsible if your request is not fulfilled.
23. Flight programme changes
All prices, dates, times, routes and choice of airline are subject to alteration or cancellation should Access Bookings Ltd find it necessary to effect any such alteration or cancellation. They will use their best endeavour to provide passengers with suitable alternatives. All arrangements for transportation are made by Access Bookings upon the express understanding that it acts as booking agents only. Any claim for damage , injury, death, loss or delay in connections or inconvenience caused or suffered by any passenger or his property howsoever arising shall be made direct against or other responsible person, firm or company concerned. The liability of Access Bookings Ltd shall cease in any event if Access Bookings Ltd has exercised due diligence in acting as a booking agent Access Bookings Ltd will not be bound by any statement or representation unless it be in writing and signed by & duly authorised official of their office staff, and save as aforesaid, no representative employee or agent of Access Bookings Ltd is authorised to commit them to any liability or make any representation on their behalf whatsoever. Refunds will not be paid in the event of cancellations or (ranges nude by us caused by circumstances amounting to force majeure including amongst others: war, riots, civil strife, terrorism, industrial disputes and strikes, natural and other disasters, fires, technical problems with transport, adverse weather conditions, closure or congestion of airports and other events beyond our control.
24. Validity of tickets, flight timing & scheduled carriers
Return tickets are valid for the dates and routing specified thereon. No refund will be made in respect of unused tickets other than as provided for herein. Flight timings and schedules are subject to change at the insistence of national aviation authorities or the carriers for operational or other reasons. Neither the company of the carriers concerned will accept liability for flight cancellations, delays or diversion’s outside the company’s or the carriers control. Timings in itinerates or elsewhere are not guaranteed and do not form part of the contract. Air carriers may substitute alternative aircraft and carriers, include or omit stops and neither the company nor the carriers accept responsibility for making connections and/or delays.