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AGENGY TERMS AND CONDITIONS

ASDA Travel is operated on behalf of ASDA Stores Limited (under company number 464777 and VAT registration number GB 362 0127 92) whose registered address is at ASDA House, Southbank, Great Wilson Street, Leeds, LS11 5AD, by weholiday.co.uk. weholiday.co.uk is a trading name of P&P Associates Limited, a company registered in England and Wales (under company number 02124920 and VAT registration number 162 0927 21) whose registered address is at Patteson Court, Nuffield Road, Redhill, Surrey, RH1 4ED.

Except where otherwise specified, we, ASDA Travel, act only as an agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s), principal(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier/principal(s) of the arrangements in question (the ‘supplier/principal’).When making your booking we will arrange for you to enter into a contract with the applicable supplier/principal of the arrangements. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier/principal(s) you contract with and you are advised to read both carefully prior to booking. The supplier/principal’s terms and conditions may limit and/or exclude the supplier/principal's liability to you. Copies of applicable booking conditions are available here:

Supplier Information
Asda Travel use select suppliers to provide you with a quality service and accommodation. When you book with Asda Travel, you are agreeing to our supplier’s Terms and Conditions. If your supplier is not listed below, please contact us if you need further information.

Low Cost Beds

Magic Rooms

Med Hotels

Superbreak

You Travel

A2B

A2B

Holiday Extras

 

 

You may decide to make one or more bookings with us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 but may constitute a ‘Flight-Plus’ for the purposes of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012. Where you purchase a Flight-Plus from us, this will be protected under the ASDA Travel ATOL No. 5360. Please see clause 16 for the additional terms and conditions which apply to your Flight-Plus booking.

By making a booking with us, you agree that:-

a. you have read the terms and conditions set out below and agree to be bound by them;
b. you consent to our use of your information in accordance with our Privacy Policy; and
c. you are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services.

1. Current website promotions
All offers are exclusive to online bookings. All offers are subject to availability and may be changed or withdrawn at anytime.

2. Booking and payment
In order to confirm your chosen arrangements, you must make the applicable payment as required by the supplier/principal of the arrangements in question. You must also pay all applicable insurance premiums and booking fees.

Deposit Scheme: Where you book more than 35 days before your departure date, we may offer the facility to pay a deposit towards your trip with the balance due at an agreed later date. There are deposit restrictions on each individual element of any trip booked and you will be required to pay the full cost of any transfers and flights flights at the time of booking and this will be included in the deposit payment. As we use a variety of different suppliers the deposit amounts can vary and will be advised to you at the time of making your booking online or by one of our sales advisors when booking over the phone. Please see below for further information on our £1 Deposit Scheme.

Your booking is confirmed and a contract between you and the supplier/principal will exist when we send you a booking confirmation on the supplier/principal’s behalf. Please check your booking confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier/principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.

Except where otherwise advised or stated in the booking conditions of the supplier/principal concerned, all monies you pay to us for arrangements will be held on behalf of the supplier/principal concerned, with the exception of bookings covered by an ATOL. Any money paid to us in respect of a booking covered by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the consumer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.

Payment by credit card will incur a surcharge of 2%. There is no charge for payment by debit cards. We will also charge you a booking fee which is payable per person and is in addition to the cost of your arrangements.

£1 Deposit Scheme
Where you book more than 35 days before your departure date, subject to availability and in line with seasonal marketing campaigns, the option of a ‘£1 deposit’ to secure the hotel element of your booking, will be made available to you when booking a flight and a hotel together. The £1 deposit scheme is not available when booking against a non-refundable room type and you will be advised of your room type at the time of making your booking. Deposit payments are non refundable in the event of client cancellation or cancellation by us due to non-payment of balance.

The balance payment of your trip is required 28 days prior to your departure date. If full payment is not received by the balance due date, we will notify the supplier/principal who may cancel your booking without notice to you and charge the cancellation fees set out in their booking conditions as well as loss of any money paid.

3. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.

4. Insurance
You are strongly recommended to take out personal travel insurance for all members of your party. Some supplier/principals require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.

5. Special requests
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier/principal, but we can't guarantee that they will be met and we will have no liability to you if they are not.

6. Changes and Cancellations by you
Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect on the day we receive it. Proof of posting is not proof of receipt, therefore you are advised to also confirm all changes to our Customer Services Department by telephone. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier/principal of your arrangements. The supplier/principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as100% of the cost of the travel arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee of £35 per person for.

Most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Most 'no frills' airlines have cancellation charges of 100% from time of booking.

7. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the supplier/principal needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier/principal in relation to any alternative arrangements offered by the supplier/principal but we will have no further liability to you.

8. Our responsibility for your booking
Your contract is with the supplier/principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

9. Visa, passport and health requirements 
Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the arrangements you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the supplier of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.

10. Complaints
Because the contract for your arrangements is between you and the supplier/principal, any queries or concerns should be addressed to them. If you have a problem whilst abroad, this must be reported to the supplier/principal or their representative immediately. If you fail to follow this procedure there will be less opportunity for the supplier/principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, write to the supplier/principal. You will see their name and contact details in any confirmation documents we send you. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA. See clause 11.

11. ABTA
We are a member of ABTA, membership number G3655. 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. Further information on the Code and arbitration can be found at http://www.abta.com/heretohelp.shtml

The arbitration scheme is arranged by ABTA and administered independently by 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. Full details will be provided on request or can be obtained from the ABTA website.

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.

The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the 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 may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.

12. Law and Jurisdiction
These Agency Terms and Conditions are governed by English law and the courts of England and Wales have exclusive jurisdiction in relation to any disputes relating to these Agency Terms and Conditions (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable.)

13. Accommodation Ratings and Standards
All ratings are as provided by the relevant supplier/principal. These are intended to give a guide to the services and facilities you should expect from your arrangements. Standards and ratings may vary between countries, as well as between supplier/principals. We cannot guarantee the accuracy of any ratings given.

14. Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the supplier/principals in question are intended to present a general idea of the services provided by the supplier/principals. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us.

15. Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.

16. FLIGHT-PLUS BOOKINGS
Booking a Flight-Plus provides you with protection under our ATOL in the event of supplier insolvency, but we are still acting as agent for the individual supplier/principals and a Flight-Plus booking does not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992. We do however accept responsibility as a Flight-Plus arranger as defined in the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.

What is a Flight-Plus?
A Flight-Plus exists where you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, on the same day, the day before or the day after you book the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.

A Flight-Plus will also exist where on the same day, the day before or the day after you book: a) a non flight inclusive Package, you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, where you book accommodation or self-drive car hire outside the UK. Please note that a flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the definition of a Flight-Plus is no longer satisfied. Where you book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.

Our Liability for Flight-Plus
In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012. If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.

If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we or the CAA will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.

If, after your intended departure on a Flight-Plus we become aware that your living accommodation or self-drive car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or self-drive car hire making up your Flight-Plus, we will provide you with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.

Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.

If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant supplier of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.

Financial Protection for Flight-Plus Bookings
We provide financial security for Flight-Plus arrangements (where we are the Arranger) under our ATOL number 5360. When you buy a Flight-Plus product from us you will receive an ATOL Certificate. 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. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.

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.