Terms & Conditions

Terms & Conditions

How to book
Credit and Debit Cards
Passports and Visas
Health recommendations
Prices and brochure accuracy
Accommodation
Abbreviations
Travellers with Disabilities/Medical Problems
Smoking Restrictions
Special Requests
Transfers

BOOKING CONDITIONS
1. Services provided by other parties
2. Booking and Payments
3. Our price policy
4. Cancellation by you
5. If you change your booking
6. If there is a change of plan
7. Delay, Missed Transport Arrangements and Denied Boarding
8. Our liability to you
9. Force Majeure
10. If you have a complaint
11. Arbitration
12. Flight Information
13. Advance Passenger Information
14. Insurance
15. Conditions of Suppliers
16. Financial Security
17. Safety Standards
18. Holidays for Children
19. Privacy Statement
20. Website and Brochure Disclaimer
21. Passport, visa and health requirements
22. System Errors
23. Guest Behaviour
24. Special Request and Medical Problems
25. All-Inclusive
26. Single Supplements
27. Free Room Upgrades
28. Air-conditioning
29. Weather
30. The Foreign and Commonwealth Office
31. Hotel and Resort Classification
32. Names
33. Swimming Pools
34. Hotels and deposits
35. Late check outs
36. Price Match Guarantee
37. Voucher Codes
38. Locally Booked Excursions/Activities
39. Escorted Tours

How to book
The holiday prices in this brochure are quoted per person and can only be booked directly through our office in Cranbrook. Demand is sure to be high so don't miss your place. You can make your reservation by telephoning our Reservations Department on the direct telephone number given on page 2. You can also make a booking online at www.mercurydirect.com/win. At the conclusion of your booking you will be given a unique reservations booking number which you will need to keep for future reference. A deposit from £250pp (which will be advised at time of booking) plus any relevant insurance premiums is payable at the time of booking. Please see section 1. Booking and payments of the booking conditions. Cheques and postal orders should be made payable to Mercury Direct. To avoid disappointment please book without delay, giving your second choice of dates if possible to ensure inclusion if your first choice is already booked. On receipt of your appropriate payment we will issue a confirmation invoice to you. If booking within ten weeks of departure, full payment is required. You will receive your tickets and travel information approximately 14 days before departure.
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Credit and Debit Cards
You may pay your holiday by debit or credit card. The following charges are applicable to all credit card transactions - Mastercard Credit: 1.16%, Visa Credit: 1.57%, Mastercard Premium Credit: 1.71%.
Items not included in the holiday price (per person)
*Holiday Insurance
* Passports, visas and vaccinations
* Optional excursions
* Meals, unless otherwise stated
* Personal expenditure
* Transfers except where stated
* Porterage
* Flight supplements
* Credit card charges
* Excess baggage on the aircraft

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Passports and Visas
Recently new fees and services were introduced for passport applications, renewals and amendments. If you are in any doubt, please check at a Post Office before booking your holiday. As travel regulations are constantly changing, we are unable to provide up to date information concerning such requirements. It is your responsibility to ensure that you comply with all necessary, visa, passport & other travel regulations. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. A valid passport is essential when you travel abroad, although your passport has been issued for 10 years (5 years for children) you should note that some overseas countries have an immigration requirement for a passport to remain valid for a minimum period after the date of entry to that country. If your passport is in its final year of validity you are advised to check the requirements of the country before you make your final travel plans. If you hold a commonwealth or non British passport please check passport and visa regulations with the Consulate of the Country of all the countries you will be visiting or passing through. If you have an Israeli stamp in your passport and wish to visit an Arab Country or have a Turkish Cypriot stamp and wish to visit Cyprus, please contact the nearest passport office because it may be necessary to obtain a supplementary passport. British Citizen passport holders will require a visa or ETA (Electronic Travel Authority) to travel to Australia. ETAs can be processed by our administration department at a cost of £18pp. Visas are required for travel to Kerala, Sri Lanka and Bali. Please note: Under South African Immigration Regulations, travellers must have two consecutive blank pages in their passport which lie side by side when the passport is open (ie a left-hand a right-hand page).
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Health recommendations
Travel to certain countries may mean that it is advisable, or in certain cases, compulsory for you to be inoculated against certain illnesses. In view of the fact that our brochure has been published several months in advance of your departure date, we cannot give up-to-date details of inoculations and health precautions for your holiday. It is essential, therefore, that at the time of booking you get fully comprehensive information about inoculations and health precautions that you may need for your holiday. Your GP can provide the leaflet 'Access to health care abroad' for more information or Local Area Health Authority MASTA can provide a detailed Health Brief specially tailored to your journey and giving information on immunisations, malaria and latest health news visit there website at www.masta-travel-health.com. Alternatively contact the Department of Health on 0207 2104850, the phone call will be charged, at the time of going to press, at 50p per minute. For European holidays you should obtain a European Health Insurance Card (EHIC) prior to departure, this can be applied for by calling 0845 606 2030 or on-line at www.nhsbsa.nhs.uk. Circumstances can change and therefore we also advise that you re-check health information closer to your departure date. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. 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. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
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Prices and brochure accuracy
The prices shown in this brochure are per person in £'s sterling. Prices are subject to increase. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. Please consider that the prices in this brochure are based on the lowest airfares available at the time of going to print. Our short haul destinations are based on low cost airlines and flight prices fluctuate daily, flight prices may also increase with scheduled airlines and during peak travel periods. Ultimately the nearer to your date of departure that you book your holiday, the higher the flight costs may be, therefore increasing your holiday price. Mercury Direct always recommends you book early to take advantage of the lower flight prices and to avoid disappointment.
The prices and information featured in our brochures and shown on our website are correct at the time of publication but are given as guidance only as prices can go up or down. However, in the event of any online inaccuracy or discrepancy, the price quoted by our in-house booking system will be taken as the valid price for the holiday in question at time of booking. We reserve the right to change prices. Accordingly, it is possible that when you book your holiday the actual price of your holiday has changed, the correct price will be confirmed at the time of booking. We reserve the right to correct errors at any time prior to the price being confirmed at the time of booking. Once you have made your booking and paid a deposit or full payment has been made, we will only increase the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge (see clause 3. 'Our Price Policy'). A surcharge will be payable in the event of increases in transportation costs (e.g aviation insurance and security levy, fuel, scheduled air fares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) and/or in any dues, taxes, or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or where the costs increase as a result of any adverse changes in the exchange rates which have been used to calculate the cost of your holiday. Please bear in mind from time to time certain facilities, including optional excursions, swimming pools, restaurants & entertainment may be withdrawn or cruise itineraries altered, due to lack of demand, weather conditions, essential maintenance work or other circumstances outside of our control. Indoor pools are heated in winter where shown, however it is at the hotels discretion which months the indoor pool is heated.
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Accommodation
All our prices (including flight and hotel supplements) are per person and are based on the shared occupancy of double or twin-bedded rooms. Rooms may have twin or double beds regardless of the name of the room on your booking confirmation. If you require a specific bed configuration then please ask for this in the special requests box before you confirm your booking. All special requests are subject to availability. (Alternative accommodation supplements are given with the individual holiday details and all accommodation supplements are per person daily). As far as possible we will use the hotels stated in the brochure. Occasionally it may be necessary to use an alternative hotel of equal standard and you will be advised at the earliest opportunity (see clause 6 for full terms and effects). While a supplement is normally charged for single rooms in European hotels these are often inferior to double or twin-bedded rooms. Three-bedded rooms are usually twin rooms with an extra bed. The standard international practice is to let rooms from midday to midday. However times do vary, Check-in times are usually between 2pm and 3pm, check out times between 11am and 12 noon on the day of departure. Therefore, if you check-in immediately after a night flight this would normally count as one nights accommodation. Similarly if your return flight is at night you will normally be required to vacate your rooms at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management. On holidays including Half Board meal arrangements, dinners will normally be based on a table d'hote set menu unless otherwise stated. As far as possible we will use the hotels stated in the brochure. When taking an All-Inclusive holiday the following may apply: You may be required to wear a wrist band or carry an identification card to qualify for the full range of inclusive benefits. Times when free drinks and snacks are served can vary but are typically between 11.00am and midnight. After that a cash bar may operate. Bottled water may not be included as part of your All-Inclusive package. There may be a charge for motorised sports, time limits on some other free sporting activities as well as age or experience qualifications for some sports. If you are under 18, you may have to wear a different coloured wrist band or carry a different identification card to those issued to adult guests. Under 18 year should not expect to be served alcohol. A la carte meals are not included as part of the All-Inclusive package unless otherwise notified by the hotel. One of the main attractions of holidaying abroad is to see something of a way of life that is different to what we are used to at home. You should not therefore expect things to be the same as in Britain - invariably this is not so. For example Star ratings are awarded by the local authority in each country and should not be compared to equivalent star ratings in the UK as standards may vary (see clause 31 of the booking conditions). Where it is stated that there is satellite TV in your room, please do not expect to receive more than 1 or 2 English channels. In other countries - some of which have only recently become accustomed to an influx of foreign tourists - the locals tend to be more relaxed in their approach to life, and this usually means taking their time over things. Also, because of the rapid development of some resorts, the provision of roads, power supplies and water supplies etc. has sometimes not kept pace with the demands of tourism. You may experience problems with plumbing or drainage or inconvenience like a broken door handle, or missing lightbulb. Standards of furnishing or electrical fittings may be more basic. It is also worth remembering that on a holiday where the absence of rain rates high on your list of priorities, water shortages can sometimes be unavoidable - indeed even in the largest hotels if everyone decides to shower or bath at the same time, hot water may run short. Don't get annoyed if these things occur - just report it to the receptionist and it will be fixed eventually! And of course our representatives will also help in any way possible. Food overseas can also be a little different to what you're used to. The choice of food is a very personal matter and often hotel menus are designed to please the greatest number of people. However, many resorts do have restaurants and snack bars where British style dishes can be bought if you prefer.
Certain hotels may request a credit card/deposit at check in to cover any additional extras. Please be advised some facilities listed in the hotel description may be at an additional fee, you will be advised of this in resort by the hotel.
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Abbreviations
Throughout this website we have had to abbreviate some words, please find a full list below:

AdAdult
ChChild
RORoom Only
SCSelf Catering
BBBed & Breakfast
HBHalf Board
FBFull Board
AIAll-Inclusive

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Travellers with Disabilities/Medical Problems
We are happy to welcome travellers with disabilities on many of our holidays but regret that in some cases we are unable to do so, due to the travel arrangements and/or the hotels which are featured. The suitability of any holiday will depend on the nature of a disability and in some cases whether the person with the disability is accompanied by an able-bodied companion. In order to ensure the comfort, safety and enjoyment of your holiday if you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements where necessary, instruct our representatives accordingly. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details. A checklist for disabled and less mobile passengers can be obtained by contacting us directly and will need to be completed and signed by you before your booking can proceed. Please note that completion of this form will not guarantee your needs will be met. It will however enable us to check the suitability of your chosen holiday with our resort staff based on the information supplied by you. We cannot be held liable if you fail to tell us about any special requirements that may affect your holiday.
PLEASE NOTE: If special arrangements need to be made for you an extra charge may be levied, this may include transfers. We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and no compensation will be made.

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Smoking Restrictions
Smoking has been banned in all public areas in Malta and restrictions are in place in the other destinations featured in our brochure, including Cyprus, Madeira, Algarve, Tenerife and Egypt. Please refer to the relevant country's tourist board website prior to travel, in order to see the full details of the restrictions. Please note that public areas include bars, restaurants, hotels, shops, coaches and the airport. Separate smoking areas that are well ventilated will be at the discretion of individual bar, cafe or restaurant owners.
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Special Requests
If you have any special request, you must advise us at the time of booking and clearly note it on your booking form. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as standard bookings subject to the above provisions on special requests.
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Transfers
Any booking beginning with a Q reference to do not include transfers, these must be added at the time of booking.
Private transfer prices are based on a minimum of two people (maximum four). If one person is travelling the cost will be double.
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BOOKING CONDITIONS

1. Services provided by other parties
We will not accept responsibility for services or facilities which do not form part of our agreement, are not detailed on your confirmation or where they are not advertised in our brochure or on our website. For example if an airline cancels a flight, we are not responsible for any pre-departure car parking, hotel, taxis or airport lounge facility. In resort we are not responsible for any excursion, service or facility which your hotel or any other supplier agrees to provide for you while you are away. All queries and claims in relation to such services should be directed to the provider of that service.
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2. Booking and Payments
Subject to availability, the holidays in this brochure can be booked by telephoning our reservations department in Sevenoaks, using the appropriate telephone number, or by visiting our website www.mercurydirect.com/sum. The person making the online/telephone booking must be over 18 and in making the booking guarantees that they have authority to accept and do accept on behalf of all parties detailed on then booking, the terms of these booking conditions. The person making the booking guarantees payment to us of the total cost of the holiday booked. A deposit from £250 per person (which will be advised at time of booking), plus insurance, if appropriate (or full payment if booking within ten weeks of departure) is payable. The deposit may be increased depending on the airline and/or country you are travelling to. You will be advised of the amount of the deposit payable at the time of booking, however those who have made bookings on the website may be contacted up to 72 hours after the booking has been made and advised of any increases. If the deposit or balance is not received by us in full by the applicable due date, we reserve the right to treat the booking as cancelled by you and levy cancellation charges as described in Section 4 of these conditions. We do not send reminders of monies owing. The booking is confirmed and a binding contract between us comes into existence when (after we have received payment of the deposit or the full cost of your booking (where applicable), in relation to online bookings, we send you an email confirming your booking or in relation to other bookings we despatch our confirmation invoice. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate in addition to the confirmation invoice. Contact us immediately (at least within ten days) if any information which appears on the email or confirmation and ATOL Certificate or any other document is incorrect or incomplete so that the error can be investigated. We will do our best to rectify any mistake or omission notified to us within the time limits specified above if the error was our fault, but you must meet any costs involved in our doing so if the error was as a result of your fault. If we are notified of inaccuracies or errors more than after 10 days after you have received your confirmation, any costs to amend the booking will be your responsibility.
Credit and Debit Cards: You may make payment by debit or credit card. Due to increased processing charges, the following charges are applicable to all credit card transactions - Mastercard Credit: 1.16%, Visa Credit: 1.57%, Mastercard Premium Credit: 1.71%.
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3. Our price policy
The prices shown on this website are per person in £'s sterling. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. All our prices (including flight and hotel supplements) are per person and are based on the shared occupancy of double or twin-bedded rooms. (Alternative accommodation supplements are given with the individual holiday details and all accommodation supplements are per person per night). If a 3rd week is free, this will still be subject to any room supplements. The price of your holiday are based on exchange rates quoted by the Bank of England.
The price of your confirmed holiday is subject at all times to changes in (i) transportation costs, including the cost of fuel; or (ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates used to calculate your arrangements;. Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements (excluding insurance premiums and any amendment 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 or insurance premiums. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice. If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to cancel and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of your departures date. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. 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 due to contractual and other protection in place.
Please consider that the prices in this brochure are based on the lowest airfares available at the time of going to print. Our short haul destinations are based on low cost airlines and flight prices fluctuate daily, flight prices may also increase with scheduled airlines and during peak travel periods. Ultimately the nearer to your date of departure that you book your holiday, the higher the flight costs will be, therefore increasing your holiday price. Mercury Direct always recommends you book early to take advantage of the lower flight prices and to avoid disappointment.
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4. Cancellation by you
Should you or any member of your party need to cancel your booking, or any part of it, once it has been confirmed, you must do so in writing. The charges which we will impose are set out below, and their level will depend on when we receive your written notification of cancellation. Any amendment fees, insurance premiums, airport taxes or higher level deposit paid cannot be refunded and are payable in full. Period before departure within which Cancellation charge per written notification of cancellation person cancelling is received by us (see note below)

Period pre departure at which notice of cancellation is received:Cancellation Charge
More than 70 daysDeposit only plus any additional cancellation charges from your suppliers (Up to 100% of booking value)
69 - 43 days70% plus any additional cancellation charges from your suppliers (Up to 100% of booking value)
42 - 29 days 80% plus any additional cancellation charges from your suppliers (Up to 100% of booking value)
28 - 15 days90% plus any additional cancellation charges from your suppliers (Up to 100% of booking value)
14 - 0 days100%

Note: cancellation charges above are shown as a percentage of holiday cost (excluding insurance premiums or amendment fees). Please ensure that you are in receipt of written confirmation from us of your cancellation. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Airport taxes are not refundable if your holiday is cancelled. Please be advised that if you pay 50% of the cost of your holiday at the time of booking then this is a non refundable deposit. For flight inclusive bookings, you must in addition pay the charges levied by the airline concerned. 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.
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5. If you change your booking
Requests to change your booking after confirmation (e.g transferring to a different hotel, departure date or airport) must be made in writing, but we are not bound to comply with such requests. If additional people are added to your booking, they are added on the understanding that they have also accepted these booking conditions. Where we can meet a request for a change to your holiday we will issue a revised holiday invoice to confirm this. To avoid incurring booking service changes at a later date, please remember to book all additional items when you confirm your holiday.

Subsequent amendments/alterations will incur the following charges;
(A) An amendment fee of from £30 per person for all destinations will be payable together with any costs incurred by ourselves & any costs or charges incurred or imposed by any of our suppliers. If you amend your booking in any way (subject to (B) below) less than ten weeks before your original departure date this will be treated as a cancellation by you and the cancellation charges shown in paragraph 4 will apply. Any new arrangements you request will be treated as an entirely new booking.
(B) If you or a member of your party is prevented from travelling, that person may transfer their place to someone else(introduced by you) up to 28 days before departure subject to the following conditions:
i) the reason for such a transfer is personal illness which prevents you from travelling, death or serious illness of a close family relative, redundancy or unavoidable work commitments, jury service: and
ii) you provide documentary proof such as a Doctor's Certificate of the reason for your wish to transfer and
iii) you, or the transferee, pays any balance due before the transfer is finalised: and
iv) the transferee meets any conditions which may apply to the holiday and agrees to the terms of the Booking Agreement: and
v) you request the transfer in writing and provide full details of the transferee together with documentary proof and return to us all existing documentation.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with the amendment fee of from £30 per person for all destinations must be paid before the transfer can be effected.
NOTE. Certain arrangements (e.g flights) may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases any changes made may mean you have to pay for the cancelled arrangements and having to purchase new ones at full cost.
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6. If there is a change of plan
We start planning the holidays many months in advance. Whilst it is unlikely that we will have to cancel your holiday or make changes to it, occasionally we may have to do so. We also reserve the right to make changes to or correct errors in our brochure, and on our website. Further, your flight details may change, or a hotel may close down. However we promise not to make any significant changes (as described below) to or cancel your confirmed holiday arrangements less than 28 days before departure, unless we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (in the event that we cancel) because you have failed to pay for your holiday in accordance with these booking conditions. If we have to cancel or make a significant change to your arrangements, we will give you the following choices:
a) accepting the changed arrangements as notified to you
b) purchasing another holiday from us, of a similar standard to that originally booked if available (with you paying or receiving a refund in respect of any price difference) or
c) cancelling or accepting the cancellation and receiving a full & prompt refund of all monies paid to us.
A significant change is a change made before departure which, on the basis of the information given to us by you at the time of making your booking, we can reasonably expect will have a major effect on your holiday. The following changes are examples of significant changes.
  • A reduction in the number of nights of your holiday
  • A change of your resort area or your accommodation to a lower brochure category for the full duration of your stay.
  • A change of your date of departure
  • A change from a day flight to night flight (providing time of departure is changed by more than 8 hours for shorthaul and 12 hours for longhaul). A night flight which is changed to depart after or before midnight is not a change of date.
    You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the alternative booking arrangements.
    If we make a significant change or cancellation less than 56 days before departure, we will also pay compensation as detailed below:
    Period before departure Compensation pp (excluding infants) a significant changes is notified to you
    70-15 days£10
    14 days or less£20
    The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 56 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even using all due care.
    A change of overseas airport, return UK airport or return flight time of less than 12 hours will not be a significant change. Where your airport is changed we promise to transport you from your overseas accommodation to your alternative overseas airport or from your UK airport of arrival to your UK departure airport (except for changes made from/to: Gatwick / Heathrow / Stansted / Luton or Glasgow / Prestwick or Birmingham / East Midlands). The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you. Compensation will not be paid in respect of children staying at hotels for free and, where payable, will be paid on a pro-rata basis of the adult rate where children have received a reduced rate. We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. Very rarely, we may be forced by "force majeure" (see clause 9) 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. If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
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    7. Delay, Missed Transport Arrangements and Denied Boarding
    Where your flight or other transport arrangement forms part of your booking with us, if you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
    The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 9 (2) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation & you should make a claim directly to them (see below). Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
    Under EU Law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Under the Denied Boarding Regulation (EU 261/2004), if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline?s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengerrights. We have no liability to you in these circumstances whatsoever and your claim for this assistance and any compensation must be made directly to the airline. Liability of an airline under EU 261/2004 will not automatically entitle you to a refund of your holiday price from us. Full details of these rights will be publicised at EU airports and will also be available from airlines. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users Council on 020 7240 6061 www.auc.org.uk.
    You are reminded that captains of aircraft have absolute authority over the aircraft and its passengers whilst boarding or in flight. The captain or other authorised representative if an airline can refuse to carry anyone if they are unruly or otherwise fit to travel. If you are refused carriage in these circumstances your holiday will terminate immediately & we shall have no further responsibility or liability to you.
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    8. Our liability to you
    (1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an ?organiser? under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees? or suppliers? negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
    (2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
    (a) the act(s) and/or omission(s) of the person(s) affected;
    (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
    (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
    (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
    (3) 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. The fact that services or facilities fail to comply with local or UK guidance or advice shall not of itself mean that the services or facilities in question have not been provided with reasonable skill and care.
    (4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
    (a) loss of and/or damage to any luggage or personal possessions and money, The maximum amount we will have to pay you is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
    (b) Claims not falling under (a) above or involving injury, illness or death The maximum amount we will have to pay you is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
    (c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
    i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
    ii) In any circumstances in which a 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.
    iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
    (5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
    (6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
    (7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) any business losses.
    (8) 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. 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.
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    9. Force Majeure
    Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of force majeure. In these Booking Conditions, force majeure means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. 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; adverse 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 unavoidable technical problems and all similar events outside our or the supplier(s) concerneds control. Advice from the Foreign Office to leave a country may constitute Force Majeure.
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    10. If you have a complaint
    We do our best to make your holiday a success. However in the event that you should wish to complain about any aspect of your holiday, you must notify our local representative. Our representative is there to help you and can usually deal with problems quickly and satisfactory. You must also inform the relevant supplier (e.g. hotel). If your complaint cannot be resolved on the spot and you wish to take up the matter after your holiday, a Complaint Registration Form, available from our representative, must be completed in resort before you return. One copy of this form will be given to you and you should then follow this up by writing to our Customer Relations Department within 28 days of your return from holiday, quoting your booking number and detailing the circumstances of your complaint. The matter will then be investigated on your behalf. If you fail to follow this simple procedure we will then have deprived of the opportunity to investigate & rectify your complaint whilst you were in resort which may affect your rights under this contract. Subsequent correspondence must be followed up in writing within 6 weeks of your receiving a full reply from us. Investigations can take up to eight weeks.
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    11. Arbitration
    We are a Member of ABTA, the Travel Association, membership number V0211. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within twelve months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA/IDRS Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA's assistance in resolving disputes can be found on www.abta.com.
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    12. Flight Information
    For your information, our flights are scheduled to be operated by: Air Malta (charter and scheduled), Cyprus Airways, British Airways, BA Cityflyer, TAP Air Portugal, Avro (charter and scheduled), Thomas Cook (charter), Iberia, Monarch Airlines (charter and scheduled), Ryanair, easyJet, Jet2, Thomson, Flybe, bmibaby, Aer Lingus, Lufthansa, Emirates, Air Mauritius, Air France, South African Airways, Qatar Airways, Sri Lankan Airlines, Thai Airways, Qantas, Cathay Pacific, Singapore Airlines, Air New Zealand, Silkair, Malaysia Airlines, Kuwait Airways, Etihad Airways, KLM Royal Dutch Airlines, BMI, Air Europa, Gulf Air, Egyptair, Swiss, Oman Air, Jet Airways, Korean Air, China Airlines, Asiana Airlines, Eva Air, Jetstar Airways, Air Pacific Limited, United Airlines, Koral Blue, Virgin Atlantic, Virgin Australia, Pegasus Airlines, Turkish Airlines & Onur Air (Charter) using a range of Boeing, Airbus and Macdonald Douglas aircraft. We reserve the right to substitute alternative carriers and/or aircraft types if necessary. In flight service and flight plans may be subject to alteration if changes occur. All flights operate a no smoking policy. On some airlines there may be a charge for sail boards, golf clubs, other sporting equipment, Wedding dress, SCUBA/ diving equipment or other items such as bicycles or musical instruments.
    Please note that bookings on "no frills" carriers, like Ryanair, easyJet, Monarch Airlines, Flybe, bmibaby, Jet2. Aer Lingus, Virgin Australia & Pegasus Airlines, and selected charter flights, do not automatically include luggage. If you choose to include luggage (at an additional fee) the allowance will vary dependent on carrier, unless you choose to not include a bag on your flight. "No frills" carriers operate a buy-on-board service. If you are booking from an advert in the national press the prices shown do not include bags.
    Flight timings planned are also given for your guidance but your actual flight timings will be those shown on your airline tickets or E-TICKET itinerary (although it is possible that even these timings may change), and you should check tickets or E-TICKET itinerary carefully as soon as you receive them. We may substitute alternative airlines and/or aircraft and/or airports of destination if necessary, in which case you cannot transfer to another holiday or cancel without incurring normal cancellation charges - see sections 4 and 5. Any such change will be a minor one, not entitling you to compensation. Where travel is by scheduled air flights, these will be in economy class. This brochure is issued on the sole responsibility of the tour operator, it is not issued on behalf of and does not commit the airline mentioned therein or any airline whose services are used in the course of these holidays. Please note that certain departure times will be affected by the clocks changing in the Spring and again in the Autumn. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check in or at the boarding gate. Please note the existence of a 'Community list' (available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
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    13. Advance Passenger Information
    A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight.
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    14. Insurance
    We consider adequate travel insurance to be essential. Details of a policy available are shown elsewhere on this website. These premiums must be paid as soon as possible as cover will not be effective until we receive all applicable premiums in full. If you decide not to purchase this insurance, you should give details of your alternative policy (insurer and policy number) in writing. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
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    15. Conditions of Suppliers
    Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 8). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
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    16. Financial Security
    The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 1631. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate and a Confirmation invoice from us (or via our authorised agent through which you booked). This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements 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. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (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 may provide you with the services you have bought (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). If we, or the suppliers identified on your ATOL certificate, 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, 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 ATOL scheme. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements 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. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking. ATOL protection extends primarily to Customers who book and pay in the United Kingdom. We are also a member of ABTA, the Travel Association, membership number V0211. If your package holiday does not include flights, ABTA will financially protect your holiday in the same way. If you book arrangements other than a package holiday from this brochure, the financial protection referred to above does not apply. A package holiday is defined as more than one of the following when they are booked and paid for at an inclusive price: flights, accommodation plus any other tourist services that is not ancillary to transport or accommodation.
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    17. Safety Standards
    Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower. We therefore advise clients to take all reasonable precautions whilst on holiday and, in particular to familiarise yourself with hotel fire escape routes.
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    18. Holidays for Children
    Child prices/reductions (reductions are off of the full adult price) apply to a max of 2 children (aged 2-11yrs inclusive for hotels and self catering) sharing a room with two full fare paying adults unless otherwise stated. All children must pay appropriate premiums and supplements such as Half Board and Seaview where applicable. Where hotels offer FREE stays for children these are subject to availability and all other child terms and conditions still apply.
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    19. Privacy Statement
    For the purpose of the Data Protection Act 1998, we Sunspot Tours trading as Mercury Direct are a data controller. In order to process your booking, we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or involves suppliers outside these countries. We would also like to store and use your personal details for future marketing purpose (for example, sending you a brochure or details of a promotion). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will use only names and contact details for marketing purposes. Occasionally, we may sell clients names and addresses to other companies or organisations who offer goods or services which we feel may interest you. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out in the above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so. We have appropriate security measures in place to protect this information. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. Your call maybe recorded.
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    20. Website and Brochure Disclaimer
    Information posted on our website and detailed in our brochure is published in good faith and is updated regularly. However, we cannot guarantee the completeness and accuracy of this information. Prices and other holiday details shown are provided as a guidance only but, in the event of any inaccuracy or discrepancy, the price quoted and details given at the time of booking will be applicable. We recommend you contact us on 0843 224 0070 if you are in any doubt or have any queries before acting on any information on our website or in our brochure. Changes and Errors sometimes occur. Please check the price and other details of your chosen holiday at the time of booking.
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    21. Passport, visa and health requirements
    We will give you general information about passport, visa and health requirements for the holiday you book. Other than British passport holders must check passport & visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. Requirements may change and you must check the up to date position in good time before departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. Most countries now require passports to be valid for at least 6 months after your return date, please contact the passport office for full details on 0870 521 0410. For European holidays you should obtain a completed and issed form EHIC prior to departure. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. Non Britsh passport holder, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or county(ies) through which you are travelling. 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. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. The cost of a visa will be confirmed on application.
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    22. System Errors
    In the event of a costing error being given either by our reservations/internet system or appearing on the confirmation invoice, the price costings as appears in the brochure or relevant late availability offer will prevail. Please note that any contract entered into upon a mistake, such as a wrong costing is not valid or binding.
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    23. Guest Behaviour
    All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
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    24. Special Request and Medical Problems
    If you wish to make a special request, you must do so at the time of booking. We will try to 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. If you or any member of your party has any medical problem or disability which may affect your chosen holiday arrangements, you must give us full details in writing at the time of booking. For further assistance, call our team on 0844 482 6392 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.
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    25. All-Inclusive
    Guests on an All-Inclusive package normally take all meals at one specific restaurant. Other advertised restaurants may be at a supplement unless otherwise stated. Details of your package will be explained shortly after arrival in resort. Drinks included within the package may only be available from certain locations within the hotel, and may be at a supplement if obtained from other outlets. Unless otherwise stated mini-bars are not included within the All-Inclusive package. Time and measurement stipulations may apply. Bottled Water is not included unless stated. Please note that, in keeping with local traditions and customs, some of our hotels will not serve alcohol on or during certain religious festivals and holidays. Please note that, in Islamic countries during the Ramadan fasting period each year, hotel facilities and All-Inclusive packages may be curtailed or only available at certain times. Likewise you may find that bars, restaurants and other facilities in your resort are not open as normal. We suggest you check with the relevant Tourist board in your destination prior to travel to see if your holiday may be affected. A list of Ramadan Periods in forthcoming years is available here
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    26. Single Supplements
    Single travellers may avoid paying a single supplement in certain allocated rooms at selected hotels. These rooms are strictly available for single travellers. Once the available rooms without single supplement are full, a single supplement will be applicable.
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    27. Free Room Upgrades
    Free room upgrades are available at a selection of hotels and are subject to availability but are not applicable to single travellers.
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    28. Air-conditioning
    Although a property may describe itself as having air-conditioning, it may only function during the hotter months in the year and in some properties, whatever the temperature, this may not be until May.
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    29. Weather
    As the weather is so unpredictable we cannot be held responsible for disruption to your holiday due to bad or unusual weather conditions or for reasons of force majeure (see section 10). For more details on the temperature, sunshine and rainfall in our destinations, please see the weather section of the relevant country. These charts are for your guidance only and are based on the capitals of the country.
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    30. The Foreign and Commonwealth Office
    The FCO produces up-to-date travel information to ensure the safety of clients, for further information please visit www.fco.gov.uk/knowbeforeyougo or Tel: 0870 606 0290. Alternatively you can contact ABTA's Travel Information Line on 0901 201 5050 (calls are charged at 50 pence per minute).
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    31. Hotel and Resort Classification
    All the hotels in this brochure have been chosen & inspected by one of the directors or senior members of staff of this company and star ratings for all our hotels have been allocated by our own company for your guidance & do not necessarily reflect the local official classification. Our classifications are as follows:
    Two Star - Standard medium class
    Two Star Plus - Standard plus medium class
    Three Star - Medium class
    Three Star plus - Superior medium class
    Four Star - Standard first Class
    Four Star Plus - Standard plus first class
    Five Star - Superior first class
    Additional properties will be available on the website which have not been inspected by a member of our staff we are therefore reliant on information provided to us in good faith.
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    32. Names
    The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after booking a holiday but before travelling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can make the necessary changes to your holiday documentation. A fee may be payable.
    For a large print copy of our terms and conditions please call 0800 231 5036.
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    33. Swimming Pools
    Outdoor swimming pools will be closed from November to April in Malta, Cyprus, Madeira and Algarve.
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    34. Hotels and deposits
    Certain hotels may request a credit card/deposit at check in to cover any additional extras.
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    35. Late check outs
    Please be advised late check is only relevant to the time you check out, for example, if you are staying on All-Inclusive this will not be continued past normal checkout hours.
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    36. Price Match Guarantee
    If, within 24 hours of booking your holiday with us, you can provide us with documented proof of the exact same holiday being available for less with another ATOL licensed holiday company, we guarantee to match that price and refund you the difference - and if we can not match it then we will cancel your booking and give you a full refund of the cost of the holiday you have booked with us.
    Here is how to claim
    Email us at moneyback@mercurydirect within 24 hours of making a booking, putting the words ?Money Back Guarantee? in the subject line enclosing evidence of the lower price for example a screen shot.
    We reserve the right to refuse any claim where we are unable to verify the claim to our satisfaction, in accordance with the above points.
    Terms & Conditions
    The person responsible for making the booking (lead name) must make the Money Back Guarantee claim.
    We must be able to confirm that the competitor price is based on the same flight, airport and airline with the same baggage allowance and resort transfer choice and that the competitor price is lower than our price.
    The accommodation/occupancy must be exactly the same, and for the same dates and board basis as your Mercury Direct booking.
    The price match must be available to book and available immediately, not on a request basis.
    Claims must be received within 24 hours of booking.
    The competitor?s holiday cost cannot be part of a discounted price due to redemption of a voucher or loyalty scheme.
    We will only consider ABTA and ATOL bonded travel companies.
    The competitors quote must be available in the same currency as your Mercury Direct booking.
    The policy does not apply to group requests (more than 9 people).
    The money back guarantee applies to each individual booking.
    It must be an exact match to claim, for example, several companies now operate both a charter flight airline and a low cost airline and we can not price match from one to the other.
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    37. Voucher Codes
    1. The voucher code is an offer from Mercury Direct and may only be used by United Kingdom residents aged 18 and over.
    2. Any voucher code beginning with XY may be used against the value of any Mercury Direct package holiday booking made online at www.Mercury-Direct.co.uk up to 28 days after the code was sent by Mercury Direct.
    3. Voucher codes cannot be redeemed against flight only bookings and only one voucher code may be used per booking.
    4. Voucher codes cannot be used on any bookings which originate from www.travelsupermarket.com.
    5. The discount applicable from this voucher code is valid for all people aged 12 or above, the discount does not apply to infants or children aged 11 or less.
    6. The voucher code may not be used with other voucher codes, discount coupons, promotions or special offers.
    7. The voucher code cannot be redeemed against taxes, supplier fees, cancellation or change penalties, administrative fees or other miscellaneous charges, which are the sole responsibility of the customer.
    8. The voucher code is valid for new bookings only and cannot be used for any booking previously made. The voucher code will be considered to be fully redeemed once a qualifying booking has been made. The voucher code may not be re-used, even in the event that you change or cancel the booking. The voucher codes must be used at the time of booking and cannot be used retrospectively.
    9. The voucher code has no cash value and no refunds or cash alternative will be offered. Improper use of the voucher code by you including but not limited to publication or selling of the voucher code is prohibited and may constitute fraud.
    10. This voucher code is published by Mercury Direct and may not be published on any other websites without Mercury Direct's prior consent.
    11. This voucher code is available to direct clients of Mercury Direct and may not be used by Travel Agents booking on www.Mercury-Direct.co.uk.
    12. Usual booking terms and conditions apply and all bookings are subject to availability.
    13. The voucher code may not be used by employees of Mercury Direct, Sunspot Tours or any other person professionally connected with this promotion.
    14. Mercury Direct reserves the right to vary the voucher code conditions of use or to withdraw the voucher code at any time. Mercury Direct's decision is final in all matters relating to this promotion.
    15. Mercury Direct is the promoter of this offer.
    16. These terms and conditions shall be governed by and construed in accordance with English law.
    17. The 'SPECIAL50' discount code is not valid in conjunction with any escorted tours.
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    38. Locally Booked Excursions/Activities
    Whilst you are away on holiday you may be offered the opportunity to buy optional excursions and activities. These are provided by independent local companies, which are neither owned nor controlled by Mercury Direct, and for whom Mercury Direct acts only as an agent. If you decide to buy an excursion or activity, your contract will be made with the local company which provides it and it will not form part of your package with Mercury Direct. The contract may be subject to the excursion/activity provider's terms and conditions, some of which may exclude or limit its liability to you, and will be governed by local law and jurisdiction. Mercury Direct accepts no liability for any breach of contract or negligent act or omission of any excursion/activity provider. Some excursions/activities may contain an element of risk or require a good level of physical fitness, and, if in doubt, you should make direct inquiries with the local provider, before deciding to buy and check that you are covered by your travel insurance policy.
    Please note that in some resorts we do work closely with some excursion providers and we may occasionally provide them with Sunspot/Mercury Direct branded equipment, such as clothing and stationary etc, to make it easier for our guests to identify these excursion providers. We may also provide details of certain excursion providers in our welcome packs provided to guests upon arrival at the resort. This does not suggest any association or recommendation of these excursion providers by Mercury Direct.
    Please not that in some resorts we do work closely with some excursion providers and we may occasionally provide them with Sunspot/Mercury branded equipment, such as clothing and stationary etc, to make it easier for our guests to identify these excursion providers. We may also provide details of certain excursion providers in our welcome packs provided to guests upon arrival at the resort. This does not suggest any association or recommendation of these excursion providers by Sunspot/Mercury.
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    39. Escorted Tours
    Where you book an Escorted Tour with us, the following terms apply in addition to our general Booking Conditions:

    Passport, visa and health requirements
    It is your responsibility to ensure you comply with all passport, visa, health and immigration requirements applicable to your chosen Tour and we can only give you general information about this. Requirements may change and you must check the up to date position in good time before departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure.

    Changes & Cancellations by Mercury Direct
    If we have to cancel or make a significant change to your arrangements, we will give you the following choices:

    - Accepting the changed arrangements as notified to you.
    - Purchasing another tour from us, of a similar standard to that originally booked if available (with you paying or receiving a refund in respect of any price difference).
    - Cancelling your booking or accepting the cancellation & receiving a full & prompt refund of all monies paid to us.

    A significant change is a change made before departure which, on the basis of the information given to us by you at the time of making your booking, we can reasonably expect will have a major effect on your holiday. The following changes are examples of significant changes:

    - A reduction in the number of nights of your tour.
    - A change of your resort area or your accommodation to a lower brochure category for the full duration of your stay.
    - A change of outward departure time or overall length of your arrangements of twelve or more hours.
    - A change from a day flight to night flight (providing time of departure is changed by more than 8 hours for short-haul and 12 hours for long-haul). A night flight which is changed to depart after or before midnight is not a change of date.
    - A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.

    You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the alternative booking arrangements.

    If we make a significant change or cancellation less than 70 days before departure, we will also pay compensation as detailed in our Booking Conditions.

    Please note that the above options and/or compensation (including any reimbursement of independent travel arrangements) shall not be payable in the following circumstances:

    - Where the change we make is a minor change.
    - In the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even using all due care.
    - Where we cancel as a result of your failure to make full payment on time.
    - Where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
    - We cancel your arrangements because the minimum number of participants to run the tour has not been reached. (We will tell you if we have to cancel for this reason not less than 28 days before departure).

    Flights
    If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned immediately who may be able to assist with the provision of refreshments, depending on availability of suitable facilities at the airport. If your flight is delayed due to reasons of force majeure we regret that neither we nor the airline will be liable to provide meals, refreshments or overnight accommodation. You should ensure that your own travel insurance policy provides a reasonable level of cover for such eventualities.

    Under EU Law (EC261/2004), you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. You should approach the airline concerned not Mercury Direct, as these regulations apply to the airline not the tour operator. 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. A delay or cancellation to 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 will not offer compensation for inconvenience or loss of holiday time caused by flight delays, flight diversions or curtailment regardless of how caused. Similarly it is not possible to obtain refunds for any unused accommodation or facilities or for losses, costs and expenses of other travel/accommodation arrangements outside of the package resulting from flight changes, delays or diversions, which should be claimed on your own insurance policy.

    Conditions of Suppliers
    Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the suppliers liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us.
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