It is a term and condition of a reader accessing and reading the Butler & Lloyd website which is the trading name for Butler & Lloyd, that Butler & Lloyd provides the material published on Butler & Lloyd on the basis that it disclaims all warranties in respect of the same whether express or implied. Your statutory rights as a consumer are not affected.
Any material found within the pages of Butler & Lloyd, including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.
Butler & Lloyd provides the Butler & Lloyd website ‘as is’ and does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
In addition, Butler & Lloyd makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Butler & Lloyd website or the information or content included in this site.In many cases we rely on our own suppliers to provide accuracy for images and descriptions therein provided.
This does not affect your statutory rights in relation to the goods and their fitness for purpose and satisfactory quality.
Use of Butler & Lloyd
In connection with the use of the Butler & Lloyd website, in no event will Butler & Lloyd be liable for losses that were not foreseeable to both parties when the contract was made for losses that were not caused by any breach on the part of the supplier for business losses and/or losses to non-consumers
You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
Butler & Lloyd reserves the right to make changes to these terms and conditions and the contents, prices and information provided on this website at any time and without notice.
The terms and conditions, prices and other information apply as displayed on the website at the time of use and time that you place your order.
Butler & Lloyd is not responsible for the content of external websites linked from Butler & Lloyd.
These Terms and Conditions are governed by the laws of England and Wales.
Butler & Lloyd Limited reserves the right to amend these terms and conditions from time to time.
1.1 Your contract is made with Butler and Lloyd Ltd incorporated and registered in England and Wales with company number 09706281 whose registered office is at Market House, 21 Lenten Street, Alton, Hampshire GU34 1HG (“Butler & Lloyd”). Butler & Lloyd is a member of the Travel Trust Association (“TTA”) and its TTA membership registration number is [Q3992].
1.2 For your information the TTA is a trade association of travel agents and tour operators and requires all of its members to operate a trust account pursuant to the TTA’s regulations. A trust account is a bank account designated to hold a customer’s money. Each TTA member deposits your money into the trust account and your money remains in the trust account and is supervised by an appointed trustee who is either a banker, chartered or certified accountant or a solicitor. Both the TTA members and the trustee are required to authorise payments from the trust account.
1.3 In addition to being held in trust, you also have a financial guarantee from the TTA. As at the date of this contract, the TTA will guarantee the financial obligation of its members up to a maximum of £11,000 per passenger. Therefore, the trust account together with the guarantee will ensure that all the money which you have paid is safely protected and available for reimbursement.
1.4 Should Butler & Lloyd become insolvent, in most instances your money will still be held within the TTA member’s trust account by the designated Trustee, and available to pay for your holiday. In some cases your holiday booking may continue as the providers or suppliers have already been paid. Where you have only paid a deposit and still have an outstanding balance, your booking may be unaffected and by paying the balance your booking will continue as planned. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements.
The information relating to your booking is contained in the schedule hereto.
3.1 When you make a booking with Butler & Lloyd you undertake that you have the authority to accept and do accept these booking conditions on behalf of yourself and your party. A contract will exist between us upon Butler & Lloyd accepting monies from you towards the booking, or upon the issue of an invoice and booking confirmation, whichever is the earlier.
3.2 Subject to clause 17, these conditions, in conjunction with any further information set out in Butler & Lloyd’s published information, form the entire agreement between yourself and Butler & Lloyd.
When Butler & Lloyd accept your booking, unless we have agree that you may pay an initial deposit, the total cost of the holiday shall become payable immediately.
5.1 Prices are fixed at the time of booking but may be subject to any national or local government tax changes or surcharges.
5.2 Should a surcharge become payable, an administration fee of £10 per person together with an amount to cover Butler & Lloyd’s commission (if applicable) will be charged to your account.
5.3 Should any additional charges referred to in clauses 5.1 or 5.2 result in an increase in your booking by more than 25% of the original booking price you will be entitled to a full refund of all monies paid in respect of your booking except an amendment charge.
5.4 Should you decide to cancel your booking pursuant to clause 5.3, you must notify Butler & Lloyd within a period of 10 (ten) working days from the date of notification of such cost increase.
5.5 Butler & Lloyd reserves the right to change its prices at any time before you book, including any special offers Butler & Lloyd may be offering from time to time.
6.1 Where possible, Butler & Lloyd we attempt to assist you with any proposed amendments to your booking, subject to availability and potential fees referred to in this clause 6.
6.2 Should you seek to amend your booking in any way and Butler & Lloyd are able to accept such amendment, Butler & Lloyd reserve the right to charge an administaion free to cover such amendment, which will be charged on a per person, per amendment, basis provided that your notice of amendment is received in writing at least 2 (two) months or more prior to your departure date. Thereafter, cancellation charges referred to in this clause 6 shall apply.
6.3 Please note that pursuant to any amendments, you may be charged a different price for your holiday (for example if changing your proposed dates) and there may be an additional charge in relation to insurance premiums (for example, if including additional people to your party).
6.4 You or any member of your party may cancel your booking at any time provided that Butler & Lloyd receives written notice of such cancellation by the person who made the original booking.
6.5 In the event of a cancellation pursuant to clause 6.4. you will receive a refund of the amount paid less any insurance premiums, and amendment charges and fees payable by Butler & Lloyd to its suppliers in connection with your booking and less a cancellation fees referred to at clause 6.6. Should you cancel your booking for a reason covered by your insurance policy, you may be able to recover your cancellation charges. When only some members cancel in a group that has booked a holiday together, the charge will be based on the price of their holiday only.
6.6 Butler & Lloyd’s cancellation fees are as follows:
|Period prior to scheduled departure date that notice of cancellation is received||Cancellation charge as a percentage of your booking price|
|60 days or more||Deposit Only|
|Less than 60 days but more than 30 days||50%|
|Less than 30 days but more than 15 days||75%|
|14 days or less or do not adhere to booking||100%|
7.1 Important Notice: Butler & Lloyd shall not be responsible for changes beyond our control, such as a Force Majeure Event, a technical or maintenance problem with accommodation or means of transportation, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, war or threat of war, civil strife, industrial disputes, natural disasters, bad weather or terrorist activity. Compensation arrangements referred to in clause 7.6 shall not apply in such circumstances.
7.2 Butler & Lloyd reserves the right to make amendments to your booking from time to time. If a booking amendment is required, Butler & Lloyd will notify you of such amendments at the earliest possible date.
7.3 Flight timings and carriers set out in publicity material may be subject to change and all information is for guidance only. Confirmed dates and carriers will be as shown on your ticket. Should a material change become necessary we will inform you as soon as reasonably possible. You may decide whether or not to accept the amendment although you must inform Butler & Lloyd within 2 (two) working days of such notice.
7.4 A material change is one made to your travel arrangements before departure involving change of departure, arrival airport (other than between airports within the same city or airport/terminal system), outward or return flights being re-scheduled by more than 12 hours, or by substitution of accommodation originally booked with one of a lower grade. Should Butler & Lloyd change the airline or routing this is not deemed a material change and Butler & Lloyd is not obliged to notify you of any such amendment in advance.
7.5 Should you decide not to accept a material change, Butler & Lloyd will give you a full refund. In addition, whether or not you accept a material change prior to departure, Butler & Lloyd will pay compensation for the inconvenience pursuant to clause 7.6.
7.6 Compensation Payments:
|Period before scheduled departure date within which a material change is notified to you||Compensation payable
|60 days or more||Nil|
|Less than 60 days but more than 30 days||£150|
|Less than 30 days but more than 15 days||£25|
|14 days or less||£40|
7.7 As we do not control the management of your accommodation, it is possible that we may be advised that accommodation may not be suitable or available to you upon your arrival. In such an event Butler & Lloyd shall endeavour to provide accommodation of at least the same standard in the same resort/area. If only accommodation of a lower standard is available then we will refund the difference of the brochure price between the accommodation booked and that available together with compensation of £25 per person for any inconvenience.
7.8 Cancellation: Subject to (a) reasons set out at clause 7.1 above, or (b) reasons referred to at clause 12 below; or (c) for late or non-payment, Butler & Lloyd will not cancel your booking less than one month prior to your departure. If Butler & Lloyd has to cancel your booking (for reasons other than those referred to above), we will offer you either: (i) an alternative holiday of comparable type, though if the alternative offered is at an additional cost, the difference will be payable by you and any ‘no surcharge guarantee’ on the original booking will not apply, or (ii) a full refund of all moneys paid. In either case, this will be the only recompense due to you.
Butler & Lloyd shall not be liable in relation to refunds in respect of non-utilisation of any part of the booking made on your behalf.
In the event of flight delays Butler & Lloyd shall not be liable for any compensatory (or similar) payment for losses arising from such delay. It is recommended that you review your travel insurance policy in that regard. See clause 11 below for further information on holiday insurance.
10.1 Butler & Lloyd reserves the right in its absolute discretion to terminate your booking without notice should your behaviour be such that it is likely in our opinion to cause distress, annoyance, danger or damage to any person. In such circumstances, no refund or compensation will be due to you.
10.2 If you or any member of your party wilfully, recklessly or negligently damage any accommodation, property or person, or causes delay to or diversion of any flight or other means of transport, you hereby agree to compensate Butler & Lloyd for any losses, consequential or otherwise, suffered.
11.1 Butler & Lloyd strongly recommends that you obtain adequate travel insurance against cancellation charges, unexpected curtailment of your holiday, medical expenses arising overseas, loss or damage to luggage and personal liability claims against you.
11.2 Should you elect not to effect suitable travel insurance cover despite this recommendation, you hereby undertake on behalf of yourself and all members of your party to indemnify both Butler & Lloyd and its agents and representatives (as applicable) for any costs that arise which would otherwise have been met had such insurance cover been taken out.
12.1 Force Majeure Event: in relation to this contract shall mean any circumstance beyond the reasonable control of Butler & Lloyd including, without limitation, any act of God, war, riot, civil disturbance, acts of terrorism, fire, explosion, flood, abnormal weather conditions, loss of utilities, technical faults, power cuts, strike, lockout or industrial dispute or governmental or regulatory authority action.
12.2 Butler & Lloyd shall not be deemed to be in breach of this conract or otherwise liable to you for any delay in performance or any non-performance of its obligations under this contract to the extent that the delay or non-performance is due to a Force Majeure Event provided that Butler & Lloyd has given written notice of it to the customer within a reasonable period.
13.1 Where travel and health documents are necessary to comply with the requirements of a country you may wish to visit, it is your responsibility to procure them. If failure to obtain any such documents results in fines, surcharges or other financial penalty being imposed upon Butler & Lloyd, you hereby agree to reimburse us accordingly.
13.2 You must ensure by consulting with your doctor if necessary of specific precautions are deemed prudent for the country you propose to visit and that appropriate medications and/or inoculations are complied with.
14.1 Butler & Lloyd is neither a provider of accommodation nor a carrier.
14.2 Each journey (whether undertaken or not) that you book by land, sea or air is governed by the conditions of the carrier undertaking to provide that carriage. The liabilities of air and sea carriers are subject to and governed by one or more of the following conventions: Warsaw Convention, Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air), Athens Convention, the Hague Protocol and also the EC Regulatory Notice 889/2002. Butler & Lloyd rely on the terms and limitations contained in the aforementioned conventions.
14.3 The provisions of the conventions and protocols referred to at clause 10.2 above concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. If applicable, Butler & Lloyd shall supply a copy of the conditions of carriage in relation to your booking and of the prevailing convention(s), if you request them. It is your own responsibility to reconfirm the onward or return sectors of any air journey with the carrier concerned in such carrier’s duly authorized agents and according to such carrier’s regulations.
14.4 When you book accommodation, whether provided or not, its availability by provision is subject to the house policy of the hotel, or other accommodation provider, or undertaking, to provide such accommodation.
15.1 Butler & Lloyd does not exclude or limit its liability under this contract for death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other type of liability which cannot by law be excluded or limited.
15.2 Subject to clause 15.1 and 15.3, Butler & Lloyds’s maximum aggregate liability (howsoever arising) under or in connection with this contract shall be limited to lower of:
15.2.1 £5,000 (five thousand pounds sterling); or
15.2.2 the cost of your booking.
15.3 Butler & Lloyd shall not be liable for loss of business, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings; loss of data or use of data; or consequential, special or indirect loss or damage, even if it has been advised of the possibility of such loss or damage.
15.4 Butler & Lloyd shall not accept liability in the following circumstances:
15.4.1 if you or any member of your party is at fault;
15.4.2 if the fault is due to a third party providing any element of the services connected with your booking; or a
15.4.3 Force Majeure Event.
15.5 The provisions of this clause shall survive the termination of this agreement.
16.1 Butler & Lloyd shall endeavour to do its best to ensure that your travel arrangements meet your expectations. However, should you have a complaint about our services, please inform us at the earliest opportunity.
16.2 Should an issue arise during your holiday, it is important that you advise the supplier and/or Butler & Lloyd or its representative at the earliest opportunity, who will endeavour to rectify matters. If your complaint cannot be resolved locally you should advise Butler & Lloyd within 21 days of the incident, in writing, providing your original booking reference number and all other relevant information. Your letter will be given prompt attention.
16.3 Should you fail to follow the protocol referred to at clause 16.2, Butler & Lloyd shall not accept responsibility, as we will have been deprived of the opportunity to promptly investigate and rectify your issues raised.
17.1 This agreement constitutes the entire agreement between Butler & Lloyd and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.2 You acknowledge that in entering into this contract you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this contract.
17.3 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
17.4 Nothing in this clause shall limit or exclude any liability for fraud.
No variation of this agreement shall be effective unless it is in writing and signed by the parties.
19.1 Butler & Lloyd may assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this contract, without your consent.
19.2 Neither the person making the booking nor any of his/her party members shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this contract without the written consent of Butler & Lloyd.
No failure or delay by Butler & Lloyd to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
21.1 If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this contract.
21.2 If any provision or part-provision of this contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended result of the original provision.
22.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
24.1.1 delivered by hand or by pre-paid first-class post or other next Business Day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
24.1.2 sent by fax to its main fax number.
24.2 Any notice or communication shall be deemed to have been received:
24.2.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
24.2.2 if sent by pre-paid first-class post or other next Business Day delivery service, at 9.00am on the second Business Day after posting or at the time recorded by the delivery service.
24.2.3 if sent by fax, at 9.00am on the next Business Day after transmission.
24.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, “writing” shall include e-mail.
No one other than a party to this agreement shall have any right to enforce any of its terms.
This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).
Please note below the elements (where applicable) included and relevant to these booking conditions:
|Period and Date(s) of Stay(s).|
|Transportation methods, including dates and times.|
|Accommodation information (location, category, features and (if applicable) compliance with the rules of that member state.|
|Meals included in the package.|
|Minimum number of persons required (if applicable) for the package to take place and, if so, the deadline for Butler & Lloyd to inform the customer in the event of cancellation.|
|Itinerary information: (i) visits/excursions; (ii) name,/address of provider(s); (iii) insurers.|
|Price of the package (including any applicable taxes or fees chargeable for certain services (landing, embarkation, or disembarkation fees at ports and airports and tourist taxes).|
|Payment schedule and method of payment.|
ATOL: Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate AST1.3 ATOL holders that advertise ATOL protected products in broadcast media (television/radio/cinema etc.) must, unless the CAA agrees an alternative that achieves equivalent consumer clarity, ensure that the advert contains audible words