Booking Terms and Conditions
Fixers Travel Limited of 34 High Street, Aldridge, Walsall, West Midlands, England, WS9 8LZ with company number 09245218 (‘Fixers’) is a travel and experiences marketplace. You can book travel, transport, experiences, holidays, accommodation and tickets through our website each a ‘Experience’ and together ‘Experiences’).
Prior to booking you must enrol as a member of Fixers (a ‘Member’) and accept these Terms.
A. OUR TERMS FOR ALL BOOKINGS
1. Agreeing to our Terms
a) Please read these Terms before using the Fixers website (the ‘Site’), making a booking or joining us as a Member. We recommend that you print a copy of these Terms for future reference.
b) By using or booking through our website or enrolling as a Member, you confirm that you accept these Terms and that you agree to comply with them.
c) If you do not agree to these Terms, you must not use the Site.
2. Third party suppliers
a) All Experiences are provided by a third party (a ‘Third Party Supplier’ or ‘Third Party Suppliers’) who either sell through our marketplace or are integrated on the Site. Fixers does not provide any Experiences which make up your booking. To the extent permitted by law, Fixers is not responsible for the Experiences and your contract is with the Third Party Supplier. Fixers does not accept any liability (unless required by law) for any losses that you suffer in relation to the Experience that you book through the Site including but not limited to; damage to your property or belongings, death or personal injury during the Experience, cancellation of the Experience or your dissatisfaction with the Experience. If you believe that you are entitled to a refund, damages or similar in respect of an Experience you should contact the Third Party Supplier directly to recover this.
b) By booking an Experience from a Third Party Supplier through the Site, you agree to the terms and conditions of the Third Party Supplier. The terms and conditions of such Third Party Supplier shall take priority over our Terms unless they are found to be illegal, void, invalid or unenforceable under the laws of England and Wales, in which case these Terms shall have priority.
c) All photos and imagery relating to the Experiences are provided by Third Party Suppliers to give an idea to the Member of the Experiences to be provided. No representation is being made by these photos or images and Fixers accepts no liability in relation to these images.
d) Please note that the Site and Experiences facilitate Third Party Suppliers listing Experiences and Members connecting, and booking Experiences from Third Party Suppliers. Fixers cannot and does not control the content contained in any Experience and the condition, circumstances, legality or suitability of any Experience. Fixers is not responsible for and disclaims all liability related to all Experiences. Any bookings of Experiences will be made at the Members’ own risk.
3. Your obligations
a) To book Experiences you must be a Member. Members must be aged 18 years or over.
b) You may book on behalf of yourself or another. The Member who makes the booking shall be responsible for all deposits and payments due, either to Fixers or the Third Party Supplier or any other third party.
c) You must provide Fixers, or any Third Party Supplier, with accurate information about yourself and /or others you are booking the Experiences on behalf of, and inform Fixers (or the Third Party Supplier) if any inaccurate information has been provided as soon as possible.
d) Certain Experiences may only be suitable for certain individuals and Third Party Suppliers may have criteria and waivers for you and travellers in your group to agree to. Female travellers in an advanced stage of pregnancy on the date of departure may be required to present a doctor’s certificate evidencing their fitness for travel. Not all Experiences are suitable for individuals with reduced mobility. We recommend you contact us at email@example.com or the Third Party Supplier to discuss whether the Experiences are suitable before booking.
e) Please read any terms specifically relating to certain Experiences and/or the terms of Third Party Suppliers and/or waivers carefully prior to booking.
f) Fixers accepts no liability for any incorrect information given by you whether in relation to you or others that you are booking on behalf of). Experiences may not be provided if incorrect information is given.
g) You must take responsibility for the safeguarding of your personal belongings while participating in the Experiences (from the point of departure to return, including all scheduled activities). No responsibility can be taken by Fixers for any loss or damage to you or a travelling party’s personal belongings.
4. When you make your order
a) When you place an order for Experiences, Fixers’ acceptance of your order takes place when Fixers emails you confirming acceptance of the order. You will receive the email as soon as possible and usually within 24 hours. Once you receive this email, a contract will come into existence between you and the Third Party Supplier.
b) If Fixers or the Third Party Supplier is unable to accept your order, Fixers will inform you of this by email and will not charge you for the Experiences. This might be because of unexpected limits on Fixers’ availability, availability of the Third Party Supplier, which Fixers could not reasonably plan for, because a credit reference Fixers has obtained for you does not meet our minimum requirements, because Fixers has identified an error in the price or description of the Experiences or any other reason.
5. Your payment
a) Fixers will process payment of all bookings of Experiences purchased via Fixers’ marketplace on behalf of Third Party Suppliers through Fixers’ secure online payment server. Fixers receives the monies you pay to it as a agent for the Third Party Suppliers.
b) On entry of correct payment information, payments will be deducted automatically using your chosen payment method.
c) The balance of all monies due for bookings (less any deposit paid by you) must be received by Fixers no later than twenty eight (28) days prior to the date of departure or the event unless specified otherwise at the time of booking. In the event full payment becomes due earlier than twenty eight (28) days prior to departure, you will be informed at the time of the booking.
d) The confirmation email and invoices issued by Fixers will make reference to a date when full payment for the booking must be made (the ‘Due Date’). In the event of your non-payment of the balance by the payment deadline, Fixers will request updated payment details. If payment is not received within a further seven (7) days, Fixers reserves the right to cancel the booking and charge cancellation fees. In addition, Fixers may on seven (7) days’ written notice suspend access to the Experiences to you or, at its election, continue to provide the Experiences to the extent required to honour existing bookings.
e) If payment is not paid by the due date Fixers reserves its rights to charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
f) If you think an invoice is wrong please contact Fixers’. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved Fixers’ will charge you interest on correctly invoiced sums from the original due date.
g) If Fixers or a Third Party Supplier becomes aware of or is notified of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you shall be liable for all the expenses arising from such cancellation, without prejudice to any other action that may be made against you.
a) No cancellations after booking shall be accepted unless agreed by Fixers or in accordance with these Terms. Fixers is unlikely to be able to refund you if Experiences are taking place within 28 days of your booking.
b) If a refund is made to you in accordance with these Terms for any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
7. Travel information and insurance
a) Please note that Fixers is not responsible for providing passport and visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. These should be provided to a Third Party Supplier where relevant. Any information supplied by Fixers, or a Third Party Supplier through the Site on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
b) The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website www.gov.uk/foreign-travel-advice). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. Neither we, nor the Third Party Suppliers, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
c) If you or any member of your party is not a British Citizen or holds a non-British Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through.
e) Fixers does not offer insurance. You are encouraged to take out appropriate insurance which adequately covers the risks associated with the Experiences that you are participating in including the costs relating to assistance, including repatriation, in the event of accident, illness or death.
8. Contacting us and how we will contact you
a) You can contact us at firstname.lastname@example.org
b) If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
c) “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
9. Other important terms
a) Fixers will not be responsible for the performance of Experiences and does not accept liability for Third Party Suppliers. In case of problems please contact the relevant service provider.
b) All prices are displayed on the Site and shall be paid in the currency specified.
c) If you have booked a Package Holiday (as defined in the Package Travel and Linked Travel Arrangements Regulations 2018) then the terms at section B ‘Package Holidays’ below will apply to the booking and the Experiences.
d) Fixers will not exclude or limit its liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by Fixers’ negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Experiences.
e) Fixers only supply Experiences to you for private purposes. If you book the Experiences for commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
g) Fixers may transfer it rights and obligations under these Terms to another organisation.
h) If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
i) Fixers may make minor changes to your booking or Experience. Fixers may pass on to you any additional charges or fees from any Third Party Supplier and may pass on to you any price increases relating to foreign currency exchange rates, cost of fuel or other power sources, taxes or fees including but not limited to tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports.
j) If a court finds any part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of the Terms are unlawful, the remaining paragraphs will remain in full force and effect.
k) If Fixers does not insist immediately that you do anything you are required to do under these Terms, or if Fixers delays in taking steps against you in respect of your breaking this contract, this does not mean that you do not have to do those things and it will not prevent Fixers taking steps against you at a later date. For example, if you miss a payment and Fixers do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
l) Fixers amend these Terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 5th November 2018.
m) These Terms are governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.
B. PACKAGE HOLIDAYS
If you have booked a Package Holiday (as defined in the Package Travel and Linked Travel Arrangements Regulations 2018) then you should read these additional terms carefully. Standard information relating to Package Holidays can also be found at Schedule 1. These terms only apply to Package Holidays or Linked Travel Arrangements and no other Experience listed on the Site.
10. A Package Holiday, pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 is where two types of travel services are combined for the purpose of the same trip or holiday which:
- are offered by a holiday organiser or retailer, or selected by the travelling consumer, and meet one or more of the following criteria: combined by one trader purchased from a single point of sale, selected before the traveller agrees to pay, offered, sold or charged at an inclusive price, advertised or sold under the term ‘package’ or similar term, combined after the conclusion of a contract by which a trader entitles the traveller to choose from a variety of different types of travel services; and
- a Package Holiday can be purchased from separate traders through a linked online booking process as long as: the traveller’s name, payment details and email address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
11. Package travel contracts
a) When you make your booking you will be provided with information from Fixers or the Third Party Supplier on the travel destination, the itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included. The location, main features (including any visits or excursions) and, where applicable, tourist category of the accommodation under the rules of the country of destination will also be included.
b) Where the exact time of departure and return is not determined at the time of booking, Fixers or the Third Party Supplier will give an approximate time of departure and return.
c) Meals will not be provided as party of a Package Holiday unless otherwise specified on the Site in relation to the Experiences you have booked or you are informed by the Third Party Supplier.
d) Only the Experiences which you are informed about on the Site are included in the price of the Package Holiday; unless you are informed by the Third Party Supplier.
e) All Experiences will be provided in English unless otherwise specified.
f) The Third Party Supplier(s) shall give you their contact details when your booking is confirmed. Fixers’ contact details are listed at Section A 8(a) above.
g) When you book you will be given the total price of the Package Holiday inclusive of taxes and, where applicable, of all additional fees, charges and other costs. If those costs cannot reasonably be calculated in advance of the time of booking, an indication will be given of the type of additional costs which may have to be paid by you.
h) If there is a minimum number of persons required for the Package Holiday, Fixers or a Third Party Supplier may cancel the Package Holiday in accordance with Section B 14©(i).
i) Fixers provides general information on passport and visa requirements at Section A 7 above. The Third Party Supplier(s) shall provide you with more specific information relating to your country of travel.
12. Transferring a Package Holiday to another traveller
a) The original traveller giving Fixers notice of the transfer, in writing to the email address at Section A 8(a) above, at least seven days before the Package Holiday starts;
b) Fixers informing the new traveller of any additional fees, charges or other costs arising from the transfer of the package travel contract and providing proof of those costs (which will relate to the cost of Fixers or Third Party Supplier(s) making the transfer); and
c) the original and new travellers agreeing to be jointly and severally liable for the transfer costs.
13. Changes to a Package Holiday
a) Fixers may change the price of a Package Holiday more than 20 days prior to the Package Holiday taking place, if:
- Fixers or a Third Party Supplier has stated that such increases may be made prior to the booking being made; or
- the price increases are due to increases in the cost of fuel or other power sources; taxes or fees, such as tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or exchange rates. Fixers shall allow you to have a corresponding price reduction if the prices are reduced. Fixers shall provide information on how the price revision will be calculated.
b) Fixers shall not make any changes to other terms of a Package Holiday prior to the start of the trip, unless Fixers has said that it or a Third Party Supplier can make changes to the Package Holiday or the changes are insignificant. Fixers will clearly communicate any changes made to you.
c) If a refund is made to you in accordance with these Terms for any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
d) If before the start of the Package Holiday one of the following occur; circumstances beyond the control of the organiser require significant alterations to be made to any of the main characteristics of the Experiences, which make up the Package Holiday; Fixers or a Third Party Supplier cannot fulfil the special requirement of a traveller; or Fixers or Third Party Supplier proposes to increase the price of the Package Holiday by more than 8%; Fixers or a Third Party Supplier shall:
- Inform you;
- Give you a reasonable period within which you must inform Fixers or a Third Party Supplier of your decision of whether to accept the proposed changes or terminate the contract for the Package Holiday without paying a termination fee, as well as the consequences if you do not respond within that period;
- Offer a substitute package, of an equivalent or higher quality, if possible, offered to you and its price.
e) If you decide to terminate the contract pursuant to 13©(ii) and you not accept a substitute package, Fixers or the Third Party Supplier shall refund you within 14 days and you may be able to receive compensation or damages. If you do not confirm within the period specified whether you wish to accept the proposed change or terminate the contract the organiser will notify you a second time. If you fail to respond again then Fixers may terminate the contract and refund all payments made by you within 14 days.
a) You may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee.
b) In the event of unavoidable and extraordinary circumstances occurring at the place of destination of the Package Holiday or its immediate vicinity, which significantly affect the performance of the Package Holiday, you may cancel the Package Holiday before it commences without paying a termination fee. In such circumstances, Fixers or the Third Party Supplier shall pay you a full refund of any payments made for the package but shall not pay any other compensation or damages to you.
c) Fixers or a Third Party Supplier may terminate a Package Holiday where:
- the number of persons enrolled for the Package Holiday is smaller than the
minimum number needed (as stated by Fixers or the Third Party Supplier) to
run the Package Holiday. If this is the case Fixers or the Third Party
Supplier shall notify you of the termination of the contract within a period
specified at the time of booking and in any event within:
- 20 days before the start of the Package Holiday, in the case of trips lasting more than six days;
- seven days before the start of the Package Holiday, in the case of trips lasting between two and six days; and
- 48 hours before the start of the Package Holiday, in the case of trips lasting less than two days,
- Fixers or a Third Party Supplier is prevented from performing the contract because of unavoidable and extraordinary circumstances. If this is the case Fixers or the Third Party Supplier shall notify you of the termination Package Holiday without undue delay before the start of the Package Holiday. In such circumstances, Fixers or the Third Party Supplier will provide you with a full refund of any payment made for the Package Holiday. You will not receive any other compensation.
d) Any refund payable by Fixers will be paid within 14 days of the Package Holiday being cancelled.
15. Other obligations of Fixers:
a) If you require assistance during your Package Holiday please contact the relevant Third Party Supplier who is providing the Experiences (their details will be given when you book a trip). If they are uncontactable please contact Fixers at the details given at Section A 8(a) above. If you have intentionally or negligently caused the need for assistance you may be required to pay Fixers a fee in relation to its assistance.
b) Fixers is not providing any Experiences in relation to the Package Holiday and shall not be liable for the acts, omission or negligence of any third party, unless set out otherwise in these Terms or under any applicable law.
C. Linked Travel Arrangements
Experiences that you book may be a linked travel arrangement.
A linked travel arrangement, under Package Travel and Linked Travel Arrangements Regulations 2018, means at least two different types of travel service purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual service providers, if a trader facilitates — (a)on the occasion of a single visit to, or contact with, a trader’s point of sale, the separate selection and separate payment of each travel service by travellers; or (b) in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service (‘Linked Travel Arrangement’)
If, after selecting and paying for one Experience, you book additional Experiences for your trip through the Site, you will not benefit from rights applying to Package Holidays at section B above and Fixers shall not be responsible for the proper performance of the individual Experiences. You should contact the relevant Third Party Supplier to deal with any issues that you have.
If you book and pay for any additional travel services from Fixers during the same visit to the Site, the travel services will become part of a Linked Travel Arrangement. Fixers has protection in place to refund your payments for Experiences not performed because of Fixers’ insolvency. Please note that if any of your payments go directly to the relevant Third Party Supplier, and the Third Party Supplier becomes insolvent, Fixers will not be able provide you with a refund and you should contact the Third Party Supplier for a refund.
Information regarding Fixers’ solvency protection can be found here.
Standard information relating to Package Holidays
This important information is given pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction, or compensation for damages, or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser or, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Fixers has taken out insolvency protection with Affirma (MGA Cover Services Limited)