Terms of website use
Fixers Travel Limited (“Fixers”) is a bespoke holiday and tour operating agency, trading in the United Kingdom and offering services exclusively to UK-based customers enrolled as members of Fixers (“Members” or, individually, a “Member”). These standard terms and conditions shall govern the supply of the Services by Fixers to Members, and are the only conditions upon which Fixers will make the Services available to Members. These terms and conditions, together with booking itineraries and any other relevant information provided by Fixers in in relation to the Products (as defined below), form the Member’s contract with Fixers. No variation of these terms and conditions shall be binding upon Fixers unless expressly agreed in writing.
2. USE OF THE SERVICES
(i) the functionality of the Website; (ii) other online facilities, tools, mail-outs, information or other services made available to Members; (iii) any other activities undertaken by Fixers facilitating or otherwise relating to the Member’s use and enjoyment of the Products. means a third party offering Products for sale via the Website, who shall be directly responsible to Members for the delivery and/or fulfilment thereof. Fixers’s standard terms and conditions for Members as set out herein. means the United Kingdom. means www.fixers.travel
2.1 On acceptance of a Member’s application for Membership, Fixers grants the Member a non-exclusive, non- assignable, non-transferable right to access and use the Services and the Website. 2.2 Following registration, each Member will be provided with login details which will allow the Member access to the Website and the opportunity to purchase Products through the Member’s personal account. The Member shall maintain strict confidentiality of its login name, password and other confidential information in relation to its use of the Website, and will be solely responsible and liable for activities and amendments to the Member’s personal account under his or her control. The Member will use the Services and the Website entirely at its own risk save only where the Member sustains loss or damage as a direct result of Fixers’s negligence or to the extent liability cannot be limited in law (in which case clause 13 shall apply).
2.3 The Member acknowledges and accepts that Fixers acts as an agent for Suppliers whose Products are advertised for sale on the Website. Fixers is therefore unable to accept responsibility for the quality or manner of provision of the Products purchased by Members. In no event shall Fixers be liable for any direct, indirect, consequential, special or exemplary damage arising from a Member’s use of or access to the Products sold through the Website. Any complaints or concerns must be brought to the attention of the relevant Supplier in the manner set out in clause 11.
2.4 Product information, photographs and descriptions are featured on the Website to allow Members to reasonably appraise the Products on offer and are intended for information only. Although reasonable safeguards are taken, Fixers cannot warrant such images and descriptions are entirely accurate at the time of publication, and reserves the right to make immediate adjustments to such material without notice if found to be inaccurate. Product offers are subject to availability and may also be amended or withdrawn without notice.
2.5 The Website may contain URL links to other websites. Except where stated, these websites are not under the control of Fixers and Fixers disclaims liability for any loss or damage arising from a Member’s use of them.
2.6 Fixers shall not be responsible for the Member’s inability to make use of Services for reasons outside Fixers’s reasonable control, whether due to failure of the Website, third party intervention or otherwise.
3. MEMBER OBLIGATIONS
3.1 All Bookings are accepted by Fixers on the basis that each Member understands and voluntarily accepts the risks inherent to overseas travel, adventure Holidays and such other activities as may be specified in a Product. In particular, it is the Member’s responsibility to ensure, on their own behalf and, where making Bookings on behalf of other Members, each member of the travelling party, adherence to the following conditions: 3.1.1 any existing medical conditions (including pregnancy) or disabilities of any member of the travelling party must be disclosed to Fixers at the time of the Booking or (if newly diagnosed) well in advance of the date of departure in order that Suppliers may be informed accordingly. 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. 3.1.2 all members of the travelling party must behave responsibly for the entire duration of the Holiday. Fixers and its Suppliers reserve the right to decline to honour the Booking or any component thereof if any member of the travelling party is seen to be drunk or under the influence of drugs; behaving in a violent, disruptive or irresponsible manner; causing a nuisance to others; or responsible for the commissioning of a criminal or civil offence in the destination country. 3.1.3 all members of the travelling party must fully co-operate with and abide by any instructions and safety procedures given by Suppliers or other third parties co-ordinating activities taking place as part of the Holiday. On occasion this may require members of the travelling party to sign waivers prior to undertaking certain activities. If any member of the travelling party refuses to sign such waivers, or the relevant Supplier has reason to believe the health or wellbeing of any person would be compromised by the level of fitness or conduct of a member of the travelling party, that person may be excluded from the activity in question. 3.1.4 all members of the travelling party must comply with itineraries provided by Fixers and appear at the allotted time and place in respect of all scheduled activities (including without limitation outbound and inbound travel). If a traveller is late for any scheduled activity this may result in that traveller being unable to unable to travel or to participate in the scheduled activity (as the case may be).
3.2 Neither Fixers nor its Suppliers can offer any refund or compensation in the event of any person’s failure to make full use of the Product(s) by reason of any breach of the conditions set out in clause 3.1.
3.3 Members must take responsibility for the safeguarding of their personal belongings from the point of departure to return, including all scheduled activities. No responsibility can be taken for any loss or damage to a travelling party’s personal belongings except where such damage arises as a direct result of negligence on the part of Fixers or the relevant Supplier.
3.4 Fixer’s Suppliers are requested not to act as our agents in booking additional Products or facilitating activities other than those approved and featured on the Website. Any additional activities offered for sale or otherwise facilitated by Suppliers not featured on the Website are not endorsed, supervised or monitored by Fixers, and accordingly any Member’s use of them is at their own risk.
3.5 For the avoidance of doubt, membership of Fixers is a condition for participation in any Holiday or individual Product offered for sale on the Fixers Website. Membership is only available to individuals over eighteen years of age.
4.1 Each Booking placed by a Member comprises an offer to purchase Products advertised for sale on the Website. Fixers reserves the right, in its sole discretion, to refuse to accept any Booking for any reason. If the Booking is accepted, Fixers will use reasonable care and skill in carrying out the Services in accordance with these Terms. However, the Member’s contract for the purchase of the Products will be with the relevant Supplier and not Fixers, and will be subject to any conditions or limitations placed on the sale by the relevant Supplier and disclosed to the Member at the time of the Booking. Fixers will not accept liability for any cancellation of Bookings, flights or hotels, or any inability of a Member to make use of the Products arising from that Member’s breach of any conditions imposed by the Supplier regarding use and availability of the Products.
4.2 To secure a Booking, the Member will be required to pay a Deposit in the amount provided in these Terms or such higher amount as may be advertised with the Product advertisment. This amount will be deducted from the balance payable for the Booking by the Member under clause 6.
4.3 In respect of Group Bookings, the first-named person in the group will be treated as the Group Contact. The Group Contact will be responsible for making all payments due in accordance with the financial terms set out in relation to the Products comprising the Booking, and all documents, notices and other information relating to the Booking will be forwarded to the Group Contact.
4.4 Members (or, where applicable, the Group Contact) must take responsibilty for checking the accuracy of information submitted via the Website, and the accuracy of travel and accomodation details subsequently provided by Fixers in relation to any Booking, including without limitation names and contact details, flight times, visa requirements and itineraries. Fixers cannot accept liability for any Member’s inability to make use of the Products arising from failure to check travel, accommodation or intinerary information. Fixers may at its discretion charge Members for any additional fees, costs or expenses incurred in relation to amending Bookings except where Fixers is at fault.
4.5 Members (or, where applicable, the Group Contact) will be required to accept Fixers’s standard declaration for travel when completing a Booking through the Website. Following registration, the details of Members enrolled via Fixers will be added to a database which will be processed in accordance with clause 15.
4.6 All prices quoted for Products on the Website or in publicity or promotions are correct at the time of publication. In the event of any change in prices to those stated Fixers will notify the Member prior to accepting the Booking. All prices are quoted in GBP sterling. Where additional third party charges are incurred outside Fixers or the Supplier’s control (including without limitation transportation costs, taxes, embarkation / disembarkation fees or exchange rate fluctuations) Fixers reserves the right to charge the Member accordingly on a pass-through basis.
4.7 Following receipt of a debit or credit card authorisation from a Member, Fixers will usually generate a confirmation email and a unique Product reference number within forty eight (48) hours of the Booking. The Booking is accepted only from the date when Fixers issues a confirmation email to the Member, at which point the Member shall become bound by any conditions stipulated by the Supplier under clause
4.1. If a Booking cannot be accepted for any reason (including for example but without limitation withdrawal of a component Product of the Booking or changes to its specification) Fixers will promptly notify the Member via email.
4.8 Where any costs in relation to a Booking cannot be confirmed at the time the order is placed, Fixers will provide an estimate, exercising its commercial judgement, based on likely rates and costs based on the information to hand. If the Member wishes to proceed with the Booking a confirmation email will be generated based on the price the Member has agreed to pay for the Booking. On confirmation of the associated costs, a revised confirmation email will be generated reflecting the actual cost of the Booking. The Member will be liable to pay any excess over the original quoted estimate of the Booking PROVIDED that, if the increase exceeds ten per cent (10%) of the original quoted price, the Member may, within seven (7) days of notification thereof by Fixers, cancel the Booking and claim a full refund of payments made to Fixers for the applicable Booking as of the date of cancellation.
4.9 Fixers will provide a Member’s Holiday Pack comprising an itinerary, documents, flight tickets (if applicable) and instructions for the Holiday not less than fourteen (14) days prior to the date of departure (or, if the Booking is made less than fourteen (14) days prior to the date of departure, as soon as possible thereafter) which may be sent by email or secure form of delivery. It is the Member’s responsibility to notify Fixers if the Member’s pack is not receved for any reason.
4.10 Fixers shall act in accordance with the Member’s reasonable requests to the extent they are compatible with these Terms (such as dietary requirements), but cannot guarantee such requests will be met.
4.11 Except in relation to physical documents sent by post or courier, correspondence will be via email and/or via the Website.
5. TRAVEL INFORMATION
5.1 While Fixers will provide information and instructions in relation to Products purchased by Members, it is the responsibility of Members to ensure that all passport, visa and emigration requirements in the destination country are adhered to. Any generic information provided in the Member’s Holiday Pack should be treated as general guidance only and is given without warranty. Members should, if in doubt, seek clarification by contacting the relevant embassies or consulates.
5.2 Passport, visa and vaccination requirements at the time of Booking can be found on the Foreign and Commonwealth Office website www.fco.gov.uk. It is the responsibility of Members (and, where appropriate, the Group Contact) to ensure all members of the travelling party are in possession of the required travel documents and in compliance with any immigration requirements applicable to the destination country (including any additional requirements required of non-British passport holders). Neither Fixers nor its Suppliers can accept liability for any Member’s failure to travel as a result of non-compliance with these requirements.
6. PAYMENT FOR TICKETS
6.1 Fixers will process payment of all Bookings purchased via Fixers on behalf of Suppliers through Fixers’s secure online payment server. On entry of correct payment information, payments will be deducted automatically using the Member’s chosen payment method.
6.2 The balance of all monies due for Bookings (less any Deposit paid by the Member) must be received by Fixers not later than twenty eight (28) days prior to the date of departure. In the event full payment becomes due earlier than twenty eight (28) days prior to departure, the Member will be informed at the time of the Booking.
6.3 The confirmation email and invoices issued by Fixers will make reference to a date when full payment for the Booking must be made. In the event of the Member’s 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 accordance with clause 8. In addition, Fixers may on seven (7) days’written notice suspend access to the Services to the Member or, at its election, continue to provide the Services to the extent required to honour existing Bookings. Fixers reserves the right to charge interest on all payments not paid by their due date pursuant to the Late Payment of Commercial Debts Regulations (2013).
6.4 Payment may be made by credit card, debit card. Fixers reserves the right to charge a transaction fee of up to two per cent (2%) in respect of payments made via credit card.
7. CHANGE REQUESTS
7.1 In the event any Member is prevented from travelling for reasons outside his or her reasonable control (for example death, illness or physical incapacity), Fixers will use reasonable endeavours to allow the Booking to be transferred to another person satisfying the requirements for membership and the Holiday notified to the Member at the time of the Booking, subject to a minimum of fourteen (14) days notice being given.
7.2 Requests for any other alterations or changes to Bookings following confirmation will only be implemented in Fixers’s sole discretion. Fixers cannot give any guarantee that such changes or alterations will be possible, and reserves the right to make additional charges to the Member in order to implement such requests.
7.3 Additional charges may be applicable where Member discounts are subject to a minimum attendance or other conditions of sale. In the case of Group Bookings, Fixers will notify the Group Contact of such charges and will require the Group Contact’s consent prior to incurring additional fees.
7.4 Flight transfers are generally not available following confirmation of a Booking. In most cases, the additional cost associated with a Booking transfer will be the cost of a new airline ticket.
7.5 In the event a Booking can be transferred to another individual, Fixers reserves the right to charge a fixed administration fee of one hundred pounds (£100.00) plus any costs or charges incurred by Fixers in arranging the transfer.
8. CANCELLATIONS BY MEMBERS
8.1 Cancellation of Bookings must be authorised by the Member responsible for making the Booking (or in the case of Group Bookings, the Group Contact).
8.2 Fixer’s cancellation charges are calculated from the day Fixers receives written notification from the Member that he or she wishes to cancel the Booking and are payable as follows:
8.2.1 Cancellation any time following confirmation of the Booking up to sixty (60) days prior to the departure date – Member forfeits Deposit.
8.2.2 Cancellation less than sixty (60) days but not less than thirty (30) days prior to the departure date – Member charged fifty per cent (50%) of the value of the Booking.
8.2.3 Cancellation less than thirty (30) days prior to the departure date – Member charged one hundred per cent (100%) of the value of the Booking.
8.3 On occasion Suppliers may stipulate cancellation terms wider in scope than those provided under these Terms. In the event such terms apply to a Product this will be disclosed to the Member at the time of Booking. Member cancellations of Bookings including a flight element will normally result in cancellation charges imposed equivalent to at least the value of the flights.
8.4 No refunds can be offered in respect of cancellation of individual Products comprising part of a Booking, nor will Fixers offer refunds in respect of unused Products.
8.5 Without prejudice to clause 8.2, in the event of Member cancellation for any reason neither Fixers nor its Suppliers will be responsible for refunding administration charges or any other fees relating to the Holiday and incurred directly by Fixers or the relevant Supplier prior to the effective date of cancellation.
9. CHANGES / CANCELLATIONS BY SUPPLIER
9.1 Fixers and its Suppliers reserve the right to make minor changes to Members’ Bookings from time to time where required in order to property satisfy its obligations to Members hereunder. This may include, without limitation, variations or modifications to a Member’s travel itinerary, changes to transfer arrangements or modes or transport, or the provision of alternative accommodation. In such event, substituted arrangements shall be of at least comparable value to those offered in the original Booking. Wherever possible, reasonable notice of any changes will be provided.
9.2 Fixers will promptly notify the Member in the event of a significant change to a Product. A significant change may include, without limitation:• a change in the outbound / inbound flight to the Product destination; • the duration of the Holiday and/or a material change to the content of the Product; • major itinerary change. For the avoidance of doubt a change of airline or named accommodation shall not represent a significant change to a Booking unless the quality of the seat or accommodation provided is of a substantially different classification than that offered at the time of Booking.
9.3 If advised of a significant change prior to departure, the Member will have the choice of accepting the alternative arrangements (at additional cost or refund if applicable), to transfer to another Product offered through Fixers of equivalent or similar quality (subject to availability) or, if no suitable alternative is available, to cancel the Booking and receive a refund of all monies paid to Fixers for the Product (including the Deposit). Excluding the Member’s right to a refund, additional compensation shall only be offered at the discretion of Fixers.
9.4 In exceptional circumstances Fixers or its Suppliers may be obliged to cancel a Booking for reasons excluding force majeure events or the Member’s failure to make payments for Products when due. In such event, Fixers will offer the Member the option of purchasing other Product(s) of equivalent value via the Website, or alternatively the option of a full refund. Fixers does not accept liability for compensating Members in respect of expenses incurred independently by Members in connection with the Holiday (for example visa expenses). Where appropriate Members may claim under insurance policies procured under clause 10 below.
Travel insurance is obligatory for all individuals making use of Products offered by Fixers and is a condition of all Bookings made via the Website. Fixers does not offer insurance cover as part of the Services and therefore it is the Member’s responsibility (and where applicable, the Group Contact) to arrange appropriate cover for the duration of the Holiday, including (as a minimum) medical expenses, injury, death, repatriation, cancellation and cover for loss or damage to personal belongings. Members should take particular care to check for exclusions in respect of any particular activities taken place during the Holiday. Fixers does not review insurance policies and therefore cannot be held liable for any expenses incurred by Members as a result of failure to procure adequate insurance covering all possible liabilities under this clause.
11.1 Should a Member have reason to complain in relation to any aspect of the Booking or Product(s) purchased via the Website, it is the Member’s responsibility to promptly inform both Fixers and the relevant Supplier in writing. Neither Fixers nor the Supplier can accept responsibility for addressing any aspect of the Member’s complaint, or for payment of refunds or compensation, unless notified at the relevant time and afforded an opportunity to rectify the problem.
11.2 If the complaint cannot be rectified to the Member’s satisfaction locally, the Member must write to the Supplier within twenty eight (28) days following the Member’s return to the UK. The Supplier must address the complaint in a reasonable and timely manner, following industry standard practice where appropriate (for example the ATOL guidelines in the case of complaints relating to flight-inclusive Products). Failure to folllow this procedure may affect the Member’s right to compensation, if warranted.
11.3 If for any reason a Member is dissatisfied with a Supplier’s response to a complaint, he or she should contact Fixers who will investigate the problem and, where possible, assist in a resolution.
12. FORCE MAJEURE
Any failure of performance by Fixers will not be deemed a breach of these Terms to the extent caused by circumstances outside Fixers control, including strikes, lockouts or other industrial action; labour disputes; compliance with the order of a government or public authority; acts of god; acts of terrorism; war, riot or civil commotion; fire, flood or storm; failure of or delays to transportation by reason of breakdown, adverse weather conditions or public emergency; or any other circumstances resulting in the Supplier’s inability to provide the Products for reasons outside its control. Fixtures cannot accept liability to pay compensation to Members by reason of their inability to make use of the Products or the Services by reason of force majeure events.
13. LIMITATION OF LIABILITY
13.1 In the event that Fixers fails to use reasonable care and skill in delivering the Services it will carry out any and all necessary remedial action at no additional cost to the Member within a reasonable period.
13.2 Subject to Fixers’s good faith adherence to clause 13.1, Fixers’ liability to the Member for any loss or damage howsoever caused arising directly or indirectly in connection with Fixers’s provision of the Services or the Member’s use or application thereof shall, notwithstanding anything to the contrary herein, be limited to the aggregate sum of payments then received by Fixers in relation to the Product(s) by which such loss or damage arose to the Member, save to the extent to which such liability cannot be limited in law. This clause is not intended to limit a Member’s statutory rights.
13.3 Fixers shall not be liable to the Member in respect of any loss or damage sustained by the Member if the same results from any breach of the Member’s obligations under these Terms.
13.4 In the event that any exclusion contained herein shall be held to be invalid for any reason and Fixers becomes liable for loss or damage that it may otherwise have been lawful to limit, clause 13.2 shall be interpreted in such way as to make it compliant with applicable law. 13.5 Fixers does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of Fixers its employees, agents or authorised representatives and further to the extent Fixers is not able to exclude such liability by law.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 The Member acknowledges and agrees that all material featured on the Website and other marketing material published by Fixers from time to time, including without limitation text, graphics, logos, photography, sound and video clips, as well as the copyright, trademarks, trade names, patents, design rights, source code and other data subsisting therein, is and shall remain vested in Fixers or its Suppliers and affiliates. All such material is made available to Members on the condition that it is used solely for the purpose of informing and faciliating the purchase of Products via the Website and for no other purpose.
14.2 The Member warrants that Fixers has the full right and authority to use Member Material for the purpose of allowing the Member to make optimal use of the Services.
15. PRIVACY AND DATA PROTECTION
15.1 Fixers hereby acknowledges that the Member Material contains personal data (“Personal Data”) as defined in Section 1(1) of the Data Protection Act 1998 (the “Act”).
15.2 Fixers shall be the Data Controller (as defined in the Act) in respect of Member Material, and will not use Member Material for any purpose without that Member’s permission except in connection with the Services and for securing Products purchased via the Website. Fixers may use such data to notify Members of new offers, promotions and enhancements to the Services from time to time, except where Members opt out via the Website.
15.3 On occasion Fixers’s representatives may take photographs and/or films of Members during an Holiday, which may be used in advertising or marketing materials published on the Website, travel blogs and social media platforms. Fixers will not use such photography or films for this purpose provided the Member(s) featured notify Fixers of their objection within a reasonable time.
15.4 On return from a Holiday, Members will be asked to fill out Member feedback forms, which will be used to enhance the Services and quality of the Products offered to other Members. Comments may be added to the Website, used on marketing materials and fatured on travel blogs and social media platforms, but Members’ identities will not be disclosed except where consent is given.
16. MISCELLANEOUS PROVISIONS
16.1 These Terms will be updated from time to time without notice. The Terms applicable to each Product will be those publicised on the Website at the time of Booking.
16.2 Any notice required or permitted under these Terms or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, sent by registered mail or properly addressed email to the respective addressee at its usual place of business or residence or to such other address, facsimile number or email address as may from time to time be designated by notice hereunder. For the purposes of this clause, notices to Fixers should be addressed to email@example.com.
16.3 Notwithstanding that any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.
16.4 Fixers and the Member confirm their intent not to confer any rights on any third parties by virtue of these Terms and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply.
16.5 Fixers provides a platform to enable third party providers to sell Products to Members, and therefore the cancellation provisions of the Distance Selling Regulations 2000 do not apply to Products sold by Suppliers via the Website.
16.6 The waiver by either party of a breach or default of any of the provisions of these Terms by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
17.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
17.2 Any dispute which may arise between the parties concerning these Terms shall be determined by the English Courts and the parties hereby submit to the exclusive jurisdiction of the English Courts for such purpose.