Booking Conditions Plan a trip
Please read the following terms and conditions (“Terms & Conditions”) carefully as they form the basis of your contract with Blank Canvas Travel Limited (ATOL No.11377 and ABTOT No. 5387) and they are legally binding.
Blank Canvas Travel Limited is hereafter referred to variously as ‘we’, ‘us’, ‘our’ and trading names we use are “Blank Canvas” and “Blank Canvas Travel”.
In these Terms & Conditions, ‘you’ and ‘your’ means all persons named on the booking, or any of them as applicable (including anyone who is subsequently added or substituted later)
1. Making a booking
To make a booking, please contact us by telephone or e-mail. All bookings are subject to these booking conditions. The first named person on the booking (“party leader”) must be authorised to make the booking based on these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits. If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so by sending an email to jack@blankcanvas.travel.
All bookings are subject to availability. Before a booking is taken, full details of your proposed trip will be advised to you. Once you have confirmed to us that you happy with the proposal, we will proceed to take payment and issue you with a booking confirmation.
Please check that all names are the same as the relevant passport, that dates and timings and all other elements of your trip are correct. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise because of alterations that must be made to the booking.
2. The contract
A binding contract between us and the lead name on the booking is only formed when we issue our booking confirmation (by email or post) after having received payment from you, in cleared funds, of either the required deposit or the full price of your holiday (depending on when the booking is made relative to the intended departure date).
By making the booking you accept that you have the authority to bind all members of your party to these terms and conditions of booking and you take responsibility as the lead name on the booking to make payment and to receive documentation on behalf of your party.
3. COVID-19
FCDO Advice
Please note that the Foreign, Commonwealth & Development Office (‘FCDO’) currently advises against all but essential travel to many overseas destinations, including popular holiday destinations to which we sell holidays. However, many of these destinations remain open and welcoming to UK tourists and flights to and from these destinations continue to operate. Whilst holiday destinations remain open to UK tourists, flights continue to operate and holiday services can be performed, we will continue to offer holidays to our customers who wish to travel.
If you book a holiday with us during the Covid-19 pandemic, you confirm that you have checked, understand, and accept the FCDO travel advice relating to your chosen destination, including where there may be a requirement on you to quarantine upon your return to the UK (or in destination), and understand and accept that there is a heightened risk of travelling during the Covid-19 pandemic, beyond that associated with travel during ordinary times.
You are also required to purchase a specialist travel insurance which includes certain cover for Covid-19 ( see ‘Insurance’ in Section 5 below).
You are required to read and accept this Acknowledgment of Risk which hereby forms part of your contract with us.
For up-to-date travel advice from the UK government, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk. We recommend that you consult these websites before booking to make an informed decision about your chosen destination, and again before departure.
Cancellation
The following clauses are in addition to our standard cancellation terms and charges detailed in Section 8 (b) below.
Where you are choosing to travel to a destination subject to the FCDO advisory against non-essential travel, you accept that once your booking has been confirmed, if you decide not to travel due to the FCDO advisory, you will have to pay standard cancellation charges as shown in Section 7(b) of these Terms & Conditions.
You are not entitled to cancel and receive a full refund in these circumstances, as it is assumed, and you confirm. that you have made your booking with full knowledge of the FCDO advisory against non-essential travel.
Where your chosen destination is exempt from the FCDO advisory against non-essential travel at the time of booking but is subsequently removed from the FCDO exemption list and at that point becomes subject to the FCDO advisory against non-essential travel, you may choose only one of the following options:
(a) request a postponement of your travel plans and carry forward a credit (‘Booking Credit’) equal to the (i) total amount of amount of all payments made by you prior to the booking cancellation date that we still hold; plus (ii) the total amount of payments made by us to our suppliers in relation to the cancelled booking that we recoup from such suppliers. In this case, you will only be required to pay the difference (if any) between the Booking Credit and the cost of a new booking; or
(b) request a refund of an amount equal to the Booking Credit.
Please note that we will have no liability for any refunds, compensation, costs, expenses, or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
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If you, or anyone in your booking party, test positive for Covid-19, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and must self-isolate for a period of time.
If this happens within 14 days of your departure date, you must contact us immediately as you may no longer be able to travel. We will liaise our contracted suppliers for your booking regarding offering you the following options where possible, subject to availability:
(a) Postponing your holiday to a later date on the terms contained in sub-paragraph (a) of ‘Cancellation’ above.
(b) Cancelling your booking, in which case the standard cancellation charges as shown in Section 7(b) of these Terms & Conditions will apply. You may be able to claim these costs back from your travel insurance – please check your policy wording.
If this happens whilst you are on your holiday, please notify us immediately and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you.
Your travel insurance may cover some of these costs for you – please check the policy wording.
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You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied boarding, entry to the destination, access to the travel services or you are otherwise unable to proceed with your holiday, or any part of the holiday, or you are required to self-isolate within the destination.
In particular, please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In order to gain entry to your overseas destination(s) and/or return to the UK, you may be required to provide proof of a negative Covid-19 test result prior to being allowed to board your flight or other transport or enter the country. Where required, tests must be taken within a short time (usually no more than 3 days) of travel. There are strict requirements in respect of the tests and test providers which can be used and the information which must be provided for these purposes.
You are responsible for ensuring that all applicable requirements are complied with. If you attempt to travel without fully complying with all requirements, you are likely to be refused boarding on your flight or other transport.
Your travel insurance may cover some of these costs for you – please check the policy wording.
Your Holiday Experience
You acknowledge that the suppliers providing your holiday will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result.
This will likely include specific requirements regarding personal protective equipment, such as use of facemasks by staff (and you may be required to wear a facemask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability and temperature testing.
All measures are taken with the purpose of securing your safety and those around you.
4. Price and payment
We reserve the right to alter the prices of any trips shown on our website or set out in our written proposal to you at any time before you make a booking. You will be advised of the current price before your booking is confirmed.
Prices quoted are GBP sterling prices based on daily currency exchange rates current at the time of quotation.
Please note that all payments taken on debit or credit card will be taken in GBP sterling and so if you are a customer whose payment card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
In all cases, to make a booking, a deposit will be required. The amount of deposit varies depending on the nature of your trip and will be confirmed to you before you book. Where bookings include flights with airlines that require full payment in advance of booking, the full price of the flight(s) will be included in the booking deposit and will be chargeable in the event of cancellation (see below).
The balance payment is due 12 weeks in advance of the intended departure date. If the booking is made less than 12 weeks before departure, the full price of the trip will be payable on booking.
If, following the payment of a deposit at the time of booking, any balance remains unpaid within 12 weeks of the intended departure date, we reserve the right not to issue travel documentation and treat your booking as cancelled. In such circumstances cancellation charges will be applied as set out below.
Payment must be made in the currency of the invoice and you will be responsible for any bank charges that may be incurred. Payment can be made by cheque, bank transfer, debit, or credit card. In all cases, a booking will not be confirmed until we are in receipt of cleared funds.
Where payment is made by credit card, we reserve the right to charge you a transaction charge of 1.5% (3.95 % for AmEx) when your deposit and balance payments are made. For your peace of mind, all card payments are encrypted using the internationally accepted security system, SSL.
5. Insurance
It is essential and a condition of booking with Blank Canvas that you purchase a specialist travel insurance policy, which includes specific cover for Covid-19 related issues and incidents which may affect your travel arrangements and travelling to a destination subject to a FCDO advisory against travel.
Please read your policy details carefully and take them with you on holiday. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.
6. Passports, Visas and health requirements
We will, upon request, provide general information relating to passport, visa and health requirements relevant to EEA citizens, for the destinations we feature. This may be limited to providing contact details for the relevant embassy or consulate. Most countries now require passports to be valid for at least 6 months after your return. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for details.
Ultimately, it is your responsibility to ensure that you and your party will be able to obtain, and will be in possession of, all necessary travel documents/visas in advance of travel. It will also be your responsibility to ensure that you and all members of your party will be able to comply with all health requirements for the destination concerned.
We will not accept liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation or to comply with relevant health requirements.
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 us before completing any reservation to ensure compatibility for the holiday that you choose.
7. Information
Whilst we make every effort to ensure that the information on our website is accurate and not misleading, it may have been published many months before your trip takes place and may be subject to change.
We reserve the right to make changes to the website and any information it contains at any time. Where material changes are made that affect your trip after your booking has been confirmed, please see section 8 below.
8. Amendment and cancellation by you
Any cancellation or amendment request must be sent us in writing and will not take effect until received by us.
(a) Amendment
If, after the contract between us has come into existence, you want to change your holiday we will do our best to pass your request to the relevant supplier. However, we cannot guarantee that such changes can be made.
Where a change can be made, we will charge for any additional costs incurred including any costs imposed or incurred by any of our suppliers and including for example cancellation charges that may be incurred for sectors cancelled.
You should note, for example, that a change of name on or other alteration to an airline ticket will usually incur cancellation charge and this can sometimes result in a 100% cancellation charge and/or a full re-booking fee.
We reserve the right to treat any amendment notified to us less than 8 weeks prior to the date of departure as a cancellation and in such circumstances, will require you to pay to us the cancellation charges set out in Section 8(b) below.
If you or any member of your party is prevented from going on your confirmed trip for reasons beyond your control for example, death of a close relative or jury service, you/they have the right to request the transfer of your/their booking to another person, subject to our prior approval. Such person will be bound by these terms and conditions of booking.
Where you, as the lead and contracting member of your party, are unable to travel, and your place is taken by another person, that person will assume the role of lead and contracting member of the party, unless you notify us to the contrary.
In all cases where a member or members of the booking party are substituted with others, we reserve the right to charge an administration fee of £75 per name change in addition to any other charges that we may incur in making the amendments.
Please note that in many. If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.
In addition to amendment and cancellation charges that we apply, you will be responsible for any increased charges arising from changes to accommodation arrangements and/or room occupancy levels that you wish to make.
(b) Cancellation
You, or any member of your party, may cancel your travel arrangements at any time. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you.
Booking cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date. If you cancel more than 12 weeks before your intended departure date (i.e., before the balance due date), this charge is likely to be the amount of your deposit (including any increased deposit payable as a result of the booking of scheduled flights, see above) although it could be more.
Charges for cancellation after the balance due date will usually be more than the deposit amount and will vary due to the complex nature of our travel itineraries. Cancellation charges are likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total price of your booking and you should contact us as soon as possible.
Cancellation charges for your trip can be confirmed to you on request at any time including before booking. Please ask for confirmation of the amount of any cancellation charge before cancellation. Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all the cancellation charges. Please speak to your insurance provider.
In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party, or any substitute lead and contracting member of the party (see above). This will be the case regardless of which members of the party make the deposit and balance payments for the booking.
9. Amendment and cancellation by us
(a) Amendments before departure
We may have to make amendments to the trips advertised as these are booked many months in advance. We can do this at any time, and we will advise you of any changes that affect your booking before it is confirmed. Occasionally, it is necessary for us to make changes after your booking has been confirmed.
If the change is material (for example, a change of flight time by more than 12 hours, change of carrier, change of destination or change of accommodation to one with a lower official rating), we will notify you as soon as practically possible and offer you the choice of (i) accepting the amended arrangements; (ii) arranging an alternative trip of comparable standard if available with us; or (iii) cancelling your trip and receiving a full refund of all monies paid.
Regardless of the option you choose, we will pay you compensation for material changes as set out in the table below, except where such change has been caused by a Force Majeure Event (as defined in section 8(d) below)
|
Period before departure in which we notify you |
Amount you will receive from us |
|
70 days or more |
Nil |
|
69 – 43 days |
£10 |
|
42 – 28 days |
£20 |
|
27 -14 days |
£40 |
|
Less than 14 days |
£50 |
If the change is minor, we will do our best to notify you in advance of departure, but we are not obliged to do so and no compensation will be payable.
(b) Amendments during your trip
If we are unable to provide a significant proportion of your trip whilst you are away, suitable alternative arrangements will be made for you at no extra cost for the continuation of your trip and we will, where appropriate, compensate you for the difference between the services contracted for and those supplied.
If it is impossible to make such alternative arrangements or these are not accepted by you for good reasons, we will give you the option to return to your point of departure or to another place which you have agreed (subject to flight/transport availability) and will, where appropriate, compensate you.
This does not apply to minor changes in your accommodation, itinerary or transportation arrangements.
If we are forced by ‘force majeure’ (see (d) below) to change or terminate your holiday after departure but before the scheduled end of your time away, we
regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result except as set out above.
(c) Cancellation
Whilst we hope we will never have to cancel your trip; this is very occasionally necessary, and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better standard with any appropriate refund or will give you a full and prompt refund of the price of the trip.
We will also be liable to pay appropriate compensation to you unless the reason for cancellation is a Force Majeure Event (see (d) below) or where we indicated that we needed a minimum number of bookings to operate the trip and we received less than the minimum number of bookings.
(d) Force majeure
Except as set out in these Terms & Conditions, we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss or damage because of circumstances amounting to a Force Majeure Event.
In these terms and conditions a “Force Majeure Event“ means any event or circumstances which we or the supplier of the services in question could not foresee or avoid even with all due care.
Such events and circumstances may include, whether actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, flight or entry restrictions imposed by any regulatory authority or other third party, an FCDO advisory against travel to a particular destination and any other government restrictions on travel, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity, industrial action, natural or nuclear activity, epidemics/pandemics, adverse weather conditions, fire and all similar events outside our control.
(e) Travel delays
We have included in many of our trips the services of major international airlines and whilst these airlines’ flights are rarely subject to lengthy delays, there are occasions when such delays do occur.
Under EEA law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details are publicised at EEA airports and are available from airlines.
However, reimbursement in such cases does not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation is set out in clause 9(a) – (d) above. If any payments to you are due from us, any payment made to you by the airline will be deducted.
10. Our liability to you
Our obligations, and those of our suppliers, are to take reasonable skill and care to provide the services or facilities that form part of your booking with us. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only 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 (for employees) or carrying out work we had asked them to do (for agents and suppliers).
Hotels and other tourist services included in your trip are arranged by us with local suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation, and transport in many countries where we organise trips are often lower than comparable standards in the UK.
We will always endeavour to appoint reputable suppliers. The terms and conditions of hotels and other providers will be applicable and are expressly incorporated into the contract. These may limit or exclude a supplier’s liability, in which case our liability to you for any performance failure by such a supplier will be limited or excluded to the same extent.
If we become liable to offer you financial compensation as a result of a complaint regarding the standard of services of a supplier or the failure of the supplier to provide the contracted services, then the amount of such financial compensation shall be limited to the amount we actually receive as compensation from such supplier.
Local standards of the relevant country will be relevant in assessing performance of the services being performed in that country. In the event of any complaint, the contract will be regarded as having been performed if local standards relating to those services have been satisfied even if the laws of England and Wales have not been met.
Our liability, except in cases involving death, illness or injury or cases subject to the international conventions referred to below, shall be limited to a maximum of twice the price of your trip (not including amendment charges) and we shall have no liability for any loss of business or profits, loss of use or any other consequential or indirect loss or damage.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.
The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
Please note, however, our obligation is to exercise reasonable skill and care as referred to above in this section 10. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
Our liability to you (and your party) is also limited in accordance with any relevant international convention and EEA regulations, and as if we were a carrier under the relevant conventions and/or regulations. These conventions and regulations limit the amount of compensation that passengers can claim for death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings.
The terms of the relevant conventions and regulations are expressly incorporated into your contract and copies of applicable conventions and regulations will be provided by us upon request. Some of the conventions and regulations that may apply to your trip, without limitation, are:
(a) in relation to carriage by air, the Warsaw Convention 1929 (whether as amended by The Hague Protocol 1955 or the Montreal Protocol of 1999 or otherwise) or the Montreal Convention 1999 or in relation to flights between the UK and any member state of the European Union, EC Regulation 889/2002.
(b) in respect of carriage by rail, the Berne Convention 1961.
(c) in respect of carriage by sea, the Athens Convention 1974 and where applicable, EU Regulation 392/2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents,
All carriage (by land, air, and sea) is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. These are expressly incorporated into your contract with us. Copies of these terms and conditions will be provided by us on your request. Our liability will not exceed that of any carrier.
We are not liable to you for any damage, loss, expense or other sum(s) of any description which result from (a) any failures that occur in the performance of the contract that are attributable to you or any member of your party, (b) any failures that are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable and unavoidable; or (c) any failures that are due to (i) unusual and unforeseeable circumstances beyond our control, the consequences of could not have been avoided even if we had exercised due care, or (ii) any event which we or any of our suppliers, even with all due care, could not foresee or forestall and (d) which on the basis of the information given to us by you concerning your booking prior to our accepting it, (i) we could not have foreseen you would suffer or incur if we breached our contract with you or (ii) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers
11. Flights and your responsibilities
The flight details shown in your itinerary quotation are for guidance only and are subject to change. Final details will be confirmed on your travel documentation, sent approximately 14 days prior to departure.
The times shown on all tickets are local times and check in for both outward and return flights is at least 3 hours prior to the departure times on the travel documents. It is possible that flight times may be changed even after tickets have been dispatched – we will endeavour to contact you as soon as possible if this occurs.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EEA. The Community list is available for inspection at: – http://europa.eu.int/comm/transport/air/safety/ flywell_en.htm.
In accordance with EEA Regulations, we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. 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) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above because of which we/ the carrier are unable to offer you a suitable alternative the provisions of section 9 will apply. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
We can accept no responsibility if you arrive late for the check in and miss your flight as a result nor can we accept responsibility for any loss by you of your holiday/flight travel tickets, vouchers, or coupons. Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note that minor carriers sometimes change the departure time of short-haul or domestic flights at short notice, and in some instances, schedules shown in the computers of intercontinental carriers differ from those actually flown by smaller local carriers. We advise you that it is your responsibility to be meticulous in locally reconfirming directly with the carrier operating the flight. We accept no liability for the consequences of flights missed owing to the passenger’s failure to reconfirm.
Clients flying in economy class to long-haul destinations should be aware that flights are often full, and you may not be able to get seats together. We also recommend that you check in early for a long flight, and in any case not less than 3 hours before the scheduled departure time. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004 (the “Denied Boarding Regulations”), you must pursue the airline for the compensation or other payment due to you.
All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience, or effect on any other arrangements.
The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules, you should complain to the Air Transport Users’ Council on 020 7240 606.
We cannot accept liability for any delay unless it has a material effect on your holiday arrangements. See section 9 above.
You must ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travellers’ cheques are in order and valid for travel. All costs incurred in obtaining such documentation must be paid by you.
We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. We can give general advice on these matters for British citizens holding a British passport. However, non-British citizens and non-British passport holders should check with their embassy or consulate vis-a-vis current requirements.
If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. The name on your airline tickets must be the name that appears on your full passport.
Please note that if you believe that we have stated orally that a particular facility or service should be available but is not on our website or in writing from us, please make reference to it on the booking form so that we may confirm it to you when accepting your booking.
12. If you have a complaint
If you have any complaint or problem during your trip, please inform our representatives or the relevant supplier (e.g your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please write to us within 28 days of your return by writing to Blank CanvasTravel Limited (Attention: Managing Director) at 5 Riverside Drive Esher Surrey KT10 8PG giving your booking reference and other information. Please keep your letter concise and to the point.
If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint at the time the problem occurred, and this may affect your rights under this contract.
If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close.
Details of this scheme are available from The Travel Industry Arbitration Service, administered by: –
Dispute Settlement Services Limited
9 Savill Road
Lindfield
Haywards Heath
West Sussex
RH16 2NY
This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.
13. Behaviour
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known.
If the actual cost is less than the amount paid, the difference will be refunded. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) because of your actions.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned.
In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made, and we will not pay any expenses or costs incurred because of the termination.
14. Special requests
Whilst we will endeavour to comply with any special requests we receive (such as specific airline seating, dietary requirements or specific rooms and will pass any special requests to the relevant supplier, however, we are unable to guarantee compliance with such requests and are not liable for any loss suffered in the event of such requests not being complied with.
15. Excursions and activities
Where excursions and/or activities are booked and paid for in advance as part of the price of the trip and detailed on our booking confirmation, these will form part of the contract with us. We undertake to use reasonable skill and care in selecting suppliers who provide excursions and activities as part of your contract.
Any excursions and/or activities that you decide to purchase at any time from a local supplier or third party once your trip has commenced will not form part of your contract with us. Your contract for such excursions/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and we have no liability whatsoever for the performance of that excursion or activity.
16. Honeymoon Gift Service
All honeymoon bookings and use of Blank Canvas’ Honeymoon Gift Service are subject to these booking conditions. It is important to note that in the unfortunate event of the cancellation of your booking, you will be responsible for all cancellation charges as detailed in our booking conditions. Blank Canvas also reserve the right to charge a £150 administration fee to cover the costs involved in refunding monies to your guests. These refunds will only be made once all cancellation charges have been paid. As the client, you will take on the responsibility for the full payment of the booking as the amount of your guest contributions cannot be guaranteed.
17. Local laws
All participants in tours operated by us are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve us of all obligations that we may otherwise have to you.
18. Seat belts
Local laws relating to the wearing of seat belt may be non-existent or not enforced in some countries and therefore local people largely choose not to wear them. For this reason, local service providers may or may not have seat belts in vehicles or they may be hidden between seats or underneath protective seat covers. It is expected that where seat belts are available customers must use them and remain seated at all times while the vehicle is moving. As such, customers acknowledge that seat belts may not be available and therefore travel at their own risk.
19. Event tickets
Cancellation or curtailment of a major event or sporting fixture is an unusual occurrence, and we accept no responsibility to refund or compensate where changes to an event are made for reasons beyond our control. Every effort will be made to offer alternative arrangements and in the unlikely event of cancellation any refund obtained will be passed on to you.
20. The Blank Canvas website and quotations
We have taken every care in ensuring that the information on our website and given in quotations/itineraries is correct at the time of publication. However, we are sure you will appreciate that subsequently minor alterations may arise. We reserve the right to change any of the prices, services or other contained on the website or any quotation at any time before we enter into a contract with you.
If there is any change, we will notify you before we enter into such contract. Where we state that additional information, a fact sheet, or a dossier is available on a particular itinerary or programme, this information should be regarded as a term of the contract.
The hotel classifications given on our website, in our brochures, quotations and dossiers and fact sheets are for guidance only. They are not based on any national or international classification system; they are the opinions of our staff or agents and are quite subjective. The photographs that appear in the accommodation section of the website or your quotation are indicative only and may not be of the exact room you have been quoted for.
21. Data protection
Blank Canvas respects your privacy and is committed to protecting the personal information that you share with us. We will only use the information
that we collect about you lawfully in accordance with applicable the data protection laws and regulations.
For detailed information about our data protection policies please either refer to the ‘Privacy Policy’ on our website or request a copy of the policy by email to tim@blankcanvas.travel.
Subject to the terms of the Blank Canvas Privacy Policy we may:
A. pass personal information on to relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and local tour operators. Your personal information may also be provided to public authorities such as customs and immigration, security and/or credit checking companies, credit and debit card companies and government and enforcement agencies if required by them, or as required by law.
B. use your personal information for the purposes of carrying out security checks. Your personal information may be shared with the police or other law enforcement or crime prevention agencies for security purposes.
If you travel outside the European Economic Area (EEA), your personal information may have to be sent outside the EEA where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements.
If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot properly process your booking. In making this booking, you consent to this information being passed on to the relevant persons.
If you are travelling to the US, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. International travellers who are seeking to travel to the US under the Visa Waiver Programme (VWP) are now subject to enhanced security requirements and will be required to complete an ESTA (Electronic System for Travel Authorisation) 72 hours before departure and pay an administrative fee. This can be completed on the following website: https://esta.cbp.dhs.gov/.
Subject to the terms of the Blank Canvas Privacy Policy, the personal information that you provide to us or which is obtained through your dealings with us, will also be used by us or by processors on our behalf: to review your dealings with us including your purchasing and preferences; to review, develop and improve the trips and services that we offer; for market research purposes and for statistical analysis.
We may wish to contact you by post, email and/or telephone with news, information and offers. To alter your marketing preferences please write to us at Blank Canvas Travel Limited (Attention: Managing Director) 5 Riverside Drive Esher Surrey KT10 8PG. If you wish to obtain a copy of the personal information held about you, please write to the above address. We may make a charge for supplying this information as permitted by law.
22. Jurisdiction
Your contract with us and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday, will be dealt with by the ABTOT Travel Industry Arbitration Service – see section 12 or the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings may be brought in the Courts of your home country. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable. If you do not so choose, English law will apply.
23. Documentation
We will endeavour to send your tickets, hotel vouchers and final information regarding your trip approximately 2 weeks prior to departure either by First Class post or e-mail. Once documents leave our offices, we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you.
24. Your financial protection
Your Financial Protection. The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under its ATOL Franchise and The Package Travel and Linked Travel Arrangements Regulations 2018 for Blank Canvas Travel Limited (Blank Canvas) and ABTOT number 5387, ATOL number 11377, and in the event of their insolvency, protection is provided for the following:
- non-flight packages;
- flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK; and
- flight inclusive packages, flight only and linked travel arrangements (LTAs) sold as a principal under the ABTOT ATOL Franchise.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Blank Canvas Travel Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
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.
The price of our ATOL-protected flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
We, or the suppliers identified on your ATOL Certificate or holiday itinerary, will provide you with the services listed on the ATOL Certificate or itinerary (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder or supplier 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 or supplier 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 or supplier. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder or supplier, in which case you will be entitled to make a claim under ABTOT.
If we, or the suppliers identified on your ATOL certificate or holiday itinerary, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder, alternative supplier or otherwise) for reasons of insolvency, ABTOT Limited may make a payment to (or confer a benefit on) you under its scheme. You agree that in return for such a payment or benefit you assign absolutely to ABTOT Limited any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ABTOT ATOL Franchise scheme.
For further information visit the ATOL website at www.atol.org or the ABTOT website at www.ABTOT.com
24. Contact Us
Our normal office hours are 9am until 7pm weekdays GMT and 9am until 2pm weekends GMT. Our 24-hour number office number is UK: (+44) 20 7112 4810 and all Blank Canvas clients travelling can contact us on this number or via an email to jack@blankcanvas.travel