Racingbreaks.com ("we", "us", "our") is the trading name of Racingbreaks.com Ltd whose registered office is at Cloister Court, 22-26 Farringdon Lane, London, EC1R 3AJ.
The travel arrangements you see on this website or in our literature are provided by third parties. We do not own, control or operate those third parties or the accommodation, flights, car hire, other transport, race attendance tickets or other arrangements which you book through us. All travel arrangements which feature on this website or in our literature are sold by us as an agent for the actual suppliers of the travel arrangements except where we indicate that the travel arrangements are sold by us as a principal.
Please read these terms and conditions carefully. They set out your rights and our obligations to you.
Section A applies to hotel bookings, where we act as the agent of the supplier of the travel services (the ‘Supplier Principal’) and your contract for the provision of the hotel arrangement will be with the Supplier Principal.
Section B applies to Flight Only, where we act as the agent of the Supplier Principal and your contract for the provision of the component will be with the Supplier Principal.
Section C applies to the sale of Packages sold by us as an Agent for a third party. Racingbreaks.com does not create or sell its own packages and where it sells packages. We act as an agent for a third party package holiday provider (‘Third Party Package Holiday Provider’) We explain Third Party Package sales in more detail in Section C.
Section D applies to bookings of race tickets for events.
Section E contains terms which apply to all bookings.
SECTION A – SALE OF ACCOMMODATION ONLY BY US ACTING AS AGENT
This section applies where we offer hotel accommodation only or accommodation with transfers. Other general hotel facilities might also be available, such as tennis courts, gym area, swimming pools, use of the sauna or spa, restaurant facilities, white water rafting, squash courts, horse riding and a range of other facilities on site at the hotel. These hotel bookings can include hotels, self-catering and other types of accommodation and so we therefore use the terms “hotel” and “accommodation” interchangeably in these Terms and Conditions.
1.1 For these bookings, we act as an agent for the relevant Supplier Principal which is supplying the hotel. When arranging your booking, we will arrange for you to enter into a contract with the Supplier Principal of the travel arrangement named on your Booking Confirmation and pursuant to which the Supplier Principal will provide the hotel to you.
1.2 As an agent, we accept no responsibility for the acts or omissions of the Supplier Principal with whom you have a contract, nor for the travel arrangements provided by it (including the use of its facilities and services). The Supplier Principal’s own terms and conditions will apply to your booking with it and we advise you to read these carefully as they will contain important information about your booking. Please ask us for copies of these if you do not have them.
1.3 All hotel accommodation arrangements which we feature on our website or in our brochures are not an offer by us to sell those travel arrangements, but an invitation to you to make an offer to the Supplier Principal of the travel arrangement(s). We are authorised to accept that offer on behalf of the Supplier Principal or to reject it. A contract will only exist between you and the Supplier Principal once we issue our Booking Confirmation to you.
1.4 As an agent, we bear no responsibility for the provision of the accommodation (including all its facilities and services). Our responsibilities are limited to making the booking in line with your instructions. We do not accept responsibility for any information about the hotel that we pass on to you in good faith or for any changes the hotel might make to your booking or its available facilities and services (which it may make with or without our knowledge).
1.5 As we act as an agent for the Supplier Principal, if you make changes or additions to your hotel booking 24 hours after the Booking Confirmation was issued to you, this could constitute a separate booking and contract with the hotel. An example of this could be room upgrades, dinner reservations, spa treatments and other ad hoc requests regarding the facilities available at the hotel.
1.6 Your hotel booking contract does not include any other services that you may use or purchase whilst at the accommodation other than those specifically included in the price of your holiday as set out in your Booking Confirmation. You must pay the hotel directly for such additional services. These may include (but are not limited to) booked rounds of golf, spa treatments and leisure facilities, tennis lessons, other activities and any meals and drinks not stated to be included in the price of your holiday.
1.7 We may also book transfers for you as part of your booking and if we do, the booking remains as an accommodation only booking, as transfers do not constitute a booking within the meaning of The Package Travel and Linked Travel Arrangements Regulations 2018 (‘PTRs’).
1.8 A contract exists as soon as we issue our confirmation of booking, credit note, refund credit note or travel voucher.
1.9 If you book multiple travel arrangements, you will have separate contracts with each Supplier Principal, which are structured as a linked travel arrangement. This is where we facilitate the separate purchase of two or more travel services (which can include ﬂights, hotel, car hire or racing tickets) for the same trip by a consumer during a single visit to the trader’s point of sale, either online or offline
2. IF YOU MAKE CHANGES TO, OR CANCEL, YOUR BOOKING
2.1 See Section E for information on making changes to, or cancelling, your booking.
3. IF YOUR SUPPLIER PRINCIPAL CHANGES OR CANCELS YOUR BOOKING
3.1 See Section E for information on changes made by a Supplier Principal.
4.1 Your contract for your booking is with the Supplier Principal providing the travel arrangement named on your Booking Confirmation. It is that Supplier Principal which is responsible for anything which goes wrong with your booking.
4.2 We act only as an agent in making your booking for the travel arrangement. We do not own or control these travel arrangements. Accordingly, we have no liability or responsibility for anything which goes wrong with your booking unless caused by our own negligence or that of our servants or agents. For instance, if we have negligently failed to pass on accurate booking information to the Supplier Principal then we may be liable for this. However, we do not accept liability for any failure to perform (or improper performance) of the travel arrangement itself.
4.3 If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your booking. This limit does not apply to cases involving death or personal injury caused by our negligence.
5 AMENITY OR PRODUCT USE
5.1 Where you are using the amenities, facilities or products of the Supplier Principal, you may be required to sign waiver forms and provide cash or credit card deposits, prior to you using them.
6 FINANCIAL PROTECTION
6.1 Bookings made in accordance with this section are not financially protected by us as they are neither a Package nor a Linked travel Arrangement as defined under the PTRs.
SECTION B FLIGHT ONLY
This section applies where we sell flight only bookings. All flights are sold as “flight only”.
7.1 For these bookings, we act as an agent for the relevant Supplier Principal who are supplying the flight only. When arranging your flight, we will arrange for you to enter into a contract with the Supplier Principal of the travel arrangement named on your Booking Confirmation and pursuant to which the Supplier Principal will provide the travel arrangement to you.
7.2 As an agent, we accept no responsibility for the acts or omissions of the Supplier Principal with whom you have a contract, nor for the travel arrangements provided by it. The Supplier Principal’s own terms and conditions will apply to your booking with it and we advise you to read these carefully as they will contain important information about your booking. Please ask us for copies of these if you do not have them.
7.3 All travel arrangements which we feature on our website or in our brochures are not an offer by us to sell those travel arrangements, but an invitation to you to make an offer to the Supplier Principal of the travel arrangement(s). We are authorised to accept that offer on behalf of the Supplier Principal or to reject it. A contract will only exist between you and the Supplier Principal once we issue our Booking Confirmation to you.
7.4 As an agent, we bear no responsibility for the provision of the travel arrangement (including all its facilities and services). Our responsibilities are limited to making the booking in line with your instructions. We do not accept responsibility for any information about the travel arrangement that we pass on to you in good faith or for any changes the Supplier Principal might make to your booking or its available facilities and services (which it may make with or without our knowledge).
7.5 As we act as an agent for the Supplier Principal, if you make changes or additions to your flight booking 24 hours after the Booking Confirmation was issued to you, this could constitute a separate booking and contract with the Supplier Principal.
7.6 Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations. If you are notified of any change to your travel arrangements by one of your suppliers directly, it is your responsibility to act upon this information and update us if the change will impact any other part of your travel arrangements.
7.7 We do not have any liability if you fail to advise us of any change to your travel arrangements.
7.8 If you fail to check in on time or follow your airline’s on-line check in procedures, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.
7.9 If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use any connecting or return flight to the UK. No refund can be made for any unused arrangements.
7.10 You should, approximately 72 hours before your departure, check the airline's website to make sure that there has been no change made by the airline to the time of your flight. This is particularly important in respect of subsequent journeys after you have left the UK.
7.11 If it is possible, at the time of booking, to provide details of the type of aircraft, which will be used, we will provide you with these. However, it is not possible to guarantee that this is the type of aircraft which will be used because this may change.
7.12 Your tickets and any other documents relating to your booking will be sent to the Lead Contact's email address which you give us at the time of booking and will be delivered by e-mail in the form of an e-ticket and/or voucher(s) to the Lead Contact's email address you supplied at the time of booking.
7.13 It is important that you check all details of your travel documents before leaving the uk. If there are any inaccuracies or you have any other query please contact us immediately.
7.14 In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you. In making alternative return flight arrangements for you we will take the approach of 'like for like'. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
8. IF YOU MAKE CHANGES TO, OR CANCEL, YOUR BOOKING
8.1 See Section E for information on making changes to, or cancelling, your booking.
9. IF YOUR SUPPLIER PRINCIPAL CHANGES OR CANCELS YOUR BOOKING
9.1 See Section E for information on changes made by a Supplier Principal.
10 OUR LIABILITY TO YOU
10.1 Your contract for your booking is with the Supplier Principal(s) providing the actual travel arrangement which you booked and those Supplier Principal(s) are responsible for anything which goes wrong with your booking.
10.2 We act only as an agent in making your booking. We do not own or control the travel arrangements which you book. Accordingly, we have no liability or responsibility for anything which goes wrong with your booking unless caused by our own negligence or that of our servants or agents. Since we act solely as an agent processing your booking the only circumstances in which we are likely to be negligent is in relation to the provision of dates or other information between you and the relevant Supplier Principal.
11 FINANCIAL PROTECTION
11.1 We provide full financial protection for Flight Only trips.
11.2 Flight Only trips are through our Air Travel Organiser’s Licence number 9851. When you buy an ATOL protected flight you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong, but these services are not packages and are Flight Only services.
11.3 We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (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).
11.4 If we 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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme
SECTION C SALE OF A THIRD PARTY PACKAGE BY US ACTING AS AGENT
When we refer to a "Package" in these Terms and Conditions, we mean a "package" as defined in The Package Travel and Linked Travel Arrangements Regulations 2018 (“Package Travel Regulations”).
12.1 Racingbreaks.com does not create and sell any of our own packages. The packages we make available to you are organised by a Third Party Package Holiday Provider. We act as an agent for the Third Party Package provider. Accordingly when you book a package with us, you will be entering into a contract with the Third Party Package holiday provider for the supply of that package holiday.
12.2 All Third Party Packages which we sell on behalf of a Third Party Package Holiday Provider are not an offer by the Third Party Package Holiday Provider to sell any Third Party Packages, but an invitation for you to make an offer to the Third Party Package Holiday Provider. The Third Party Package Holiday Provider is free to accept that offer or to reject it.
12.3 All Third Party Package bookings are subject to availability at the time of booking. We try hard to make sure that our advertisements are kept up to date, but we do not guarantee that any Third Party Package we advertise will still be available at the time of booking. We will inform you as soon as possible after you place a booking if, for any reason, the Third Party Package you have sought to book with us is not available.
12.4 A contract will only come into existence between you and the Third Party Package Holiday Provider ) when you have paid the price payable on booking and we have issued our Booking Confirmation to you. We shall be under no obligation to issue a Booking Confirmation after you have placed a booking with the Third Party Package Holiday Provider. We will not issue such a Booking Confirmation if we discover an error in the Third Party Package Holiday Provider’s pricing of the Package or if any part of the Third Party Package is no longer made available by the Third Party Package Holiday Provider.
12.5 If, for any reason, the Third Party Package Holiday Provider is unable to accept your booking, we will inform you of this and not process your booking further. We will then assist you to be refunded by the Third Party Package Holiday Provider for any part of the Third Party Package booking already paid, unless you decide to use that payment towards a different booking.
12.6 If you have any special requests you must let us know during the booking process for us to provide to the Third Party Package Holiday Provider. We will attempt to pass on all reasonable requests to the Third Party Package Holiday Provider at our sole discretion, but we cannot guarantee that such requests will be met by them.
12.7 If you have a medical condition or a member of your party is a person of reduced mobility, please let us know before making a booking so we can ensure that the Third Party Package is suitable for you. See paragraph 41 for more information on this.
13. PRICING / PRICE CHANGES
13.1 The Third Party Package Provider may change the advertised price of any Third Party Package from time to time. As we only act as agent for the Third Party Package Provider, we accept no responsibility for any errors or omissions in their pricing. Any price changes made to a Third Party Package will be governed in accordance with the Third Party Package Provider’s own terms and conditions.
14. CHANGES YOU MAKE BEFORE TRAVEL
14.1 Any changes you make to a Third Party Package will be governed in accordance with the Third Party Package Provider’s own terms and conditions.
15. IF YOU CANCEL YOUR BOOKING
15.1 If you choose to cancel a Third Party Package, this will be governed in accordance with the Third Party Package Provider’s own terms and conditions.
16. CHANGES MADE BY THE THIRD PARTY PACKAGE PROVIDER BEFORE TRAVEL
16.1 Any changes made by a Third Party Package Provider to a Third Party Package, will be governed in accordance with the Third Party Package Provider’s own terms and conditions.
17. IF THE THIRD PARTY PACKAGE PROVIDER CANCELS THE BOOKING
17.1 If the Third Party Package Provider cancels the Third Party Package, this will be governed in accordance with the Third Party Package Provider’s own terms and conditions.
18. OUR RESPONSIBILITY FOR THE PERFORMANCE OF THE PACKAGE
18.1 We do not ourselves own or provide any of the travel arrangements which make up a Third Party Package booking. These are provided by the Third Party Package Provider. Our only role is to arrange for you to enter into a contract with the Third Party Package Provider for the supply of the Third Party Package
18.2 We have no liability to you for the performance of the travel arrangements included in your Third Party Package, or for the provision of the Third Party Package to you. All liability for the Third Party Package sits with your Third Party Package Provider.
SECTION D TERMS APPLICABLE TO RACING TICKETS
19. RACE ATTENDANCE TICKETS FOR HORSE RACING EVENTS
19.1 We may make available for booking certain tickets at racing events such as The Cheltenham Festival and Royal Ascot (“Race Attendance Tickets”).
19.2 We make available Race Attendance Tickets as an agent. This will be made clear to you at the time of booking. As such, the terms of Sections B and E shall apply to your booking.
19.3 Race Attendance Tickets are only available to be purchased on their own and not as part of a Package. You may purchase additional travel arrangements from us which complement your Race Attendance Ticket, but you will not be able to combine these with a Race Attendance Ticket to form a Package. Rather, these additional travel arrangements will have to be booked separately and may form a “Linked Travel Arrangement”
19.4 If you book multiple travel arrangements, you will have separate contracts with each Supplier Principal, which are structured as a linked travel arrangement. This is where we facilitate the separate purchase of two or more travel services (which can include ﬂights, hotel, car hire or, in some instances, a tourist service such as racing tickets) for the same trip by a consumer during a single visit to the trader’s point of sale, either online or offline
SECTION E TERMS APPLICABLE TO ALL BOOKINGS
In this section, references to "suppliers" shall, where appropriate, include references to "Supplier Principals".
20. MAKING YOUR BOOKING
20.1. You can book through our call centre on 0800 193 6646 with one of our racing specialists or at www.racingbreaks.com
20.2 The person making your booking (the "Lead Contact") will be the person responsible for the booking. The Lead Contact shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for paying additional charges in relation to the booking and for all other matters concerning the booking. The Lead Contact must be at least 18 years of age at the time of the booking and one of the passengers in the booking. If the Lead Contact is not over 18 and a UK or Irish resident we reserve the right to cancel your booking and charge a 100% cancellation fee in respect of the complete booking. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party these Terms and Conditions and the conditions of the relevant supplier(s). The Lead Contact must ensure and hereby confirms that the details provided for all parties to the booking are full and accurate and that all passenger names given to us accord exactly with their travel documentation.
20.3 It is your responsibility to check the documents you receive (including all names, dates and timings are correct) and to notify us of any errors within 48 hours of receipt. If errors for which you hold us at fault are reported after this time, we cannot be held responsible for any costs associated with correcting these and the relevant terms regarding changes will apply.
21. PRICING / DEPOSIT
21.1 We and/or the suppliers who provide the travel arrangements which you book through us reserve the right before you make your booking to alter the prices of any of the travel arrangements which make up your booking and which are shown in our brochure or on our website. You will be advised of the current price of the travel arrangements that you wish to book before your booking is confirmed and documentation issued.
21.2 When you make your booking you must pay a deposit per person which will be notified to you at the time of booking. The time limit in which you have to pay is variable and will be notified to you at the time of booking. In some instances, depending upon the lead time between your booking date and commencement date, payment may be due in full at the time of booking. Failure to pay your balance in full by the specified deadlines will result in the cancellation of your booking and the application of the cancellation charges referred to below.
21.3 A non-refundable deposit will be required at the time of booking for all holidays and your balance must be paid before the date specified on your travel confirmation which is normally no later than d 12 weeks. LV reserves the right to ask for an additional deposit amount for certain bookings where we need to pre-pay to the supplier an additional sum to secure your booking.
21.4 Full payment will be required should you book within twelve weeks of travel.
21.5 Please see Section C for additional terms on pricing and deposits for Package bookings.
22. IF YOU MAKE CHANGES TO YOUR BOOKING
22.1 If, after confirmation of your booking, you wish to change your booking we will try to arrange this with the relevant supplier but it will of course be subject to the relevant supplier's terms and conditions (including amendment charges) for the travel arrangements. Changes will also be subject to availability and will also include our administration charge for making the change. For the avoidance of doubt this does not include our attempts to arrange suitable preferred tee times for you with our Suppliers following the issuance of the Booking Confirmation.
22.2 Further and in any event any request for a change must be made by the Lead Contact.
22.3 You should be aware that changes made to your booking could incur an increase to the cost of your booking and the closer to the start date that changes are made the greater this increase is likely to be. You should contact us as soon as possible if you want to change. Some latter changes could be booked as separate hotel bookings or activity bookings.
22.4 For any changes that can be made, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation or length of stay has to apply to all members of your booking.
22.5 Some restrictions beyond our control will prevent any changes from being made prior to the start date of your booking and a loss of all money paid.
22.6 Some changes such as name changes (including initial changes), destination and date changes can be treated by some suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking, we will pass on to you the cost imposed by the supplier, which could be up to 100% of the price.
22.7 You are not permitted to change all the names on any booking and at least one of the passengers (over 18) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control.
23. IF YOU CANCEL YOUR BOOKING
23.1 You or a member of your party may cancel your booking at any time by giving us written notice by an email to: email@example.com. Any such notice of the cancellation must be given by the Lead Contact on the booking.
23.2 If you cancel your booking, you will have to pay the cancellation charges of the relevant supplier. You will also be charged a cancellation fee per person, per booking, which reflects the losses and costs which we have incurred in cancelling the booking. These have been set out below:
More than 42 days prior to departure - Loss of full deposit paid (a minimum of 10% of the booking value) plus any additional cancellation charges from the supplier(s) (up to 100% of booking value).
41-29 days inclusive prior to departure - £50 administration fee per person plus loss of full deposit paid (a minimum of 10% of the booking value) and any additional cancellations charges from the supplier(s) (up to 100% of booking value).
28-0 days inclusive prior to departure – Full value of booking.
23.3 Please ask if you would like to understand how these charges are calculated.
23.4 If you wish to cancel a singular part of your booking, either a component or a passenger, this will be subject to full cancellation terms as set out above.
24. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
24.1 In these Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
24.2 This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the travel contract.
24.3 Except where we say differently elsewhere in these conditions, we cannot refund your booking, pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of Unavoidable and Extraordinary Circumstances, we have to cancel your booking prior to departure. You should be adequately insured in this instance and make a claim on your insurance policy.
24.4 If we choose in our absolute discretion to refund your booking, that will be issued by way of a Supplier Voucher, a Full Travel Credit or Refund Credit Note.
25. COVID -19
25.1 We both acknowledge and agree that the COVID-19 pandemic has affected travel throughout the world and that we both have responsibilities to comply with various laws, regulations and guidance issued by governmental or regulatory authorities which seek to manage the risks caused by COVID-19. In the light of these risks, it is a condition of booking with us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect your booking. For the avoidance of doubt, you should incept a policy immediately upon making your booking.
25.2 You acknowledge that laws, regulations or the Supplier Principals providing your travel arrangements may require you to comply with various measures which have been introduced to manage the risks of COVID-19.
25.3 These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-masks and gloves and abide by social distancing requirements. There may also be limitations on the number of persons who may use facilities or services at any particular time, limitations on the availability of certain facilities and services (e.g. food and drinks services at your accommodation may be reduced, pools may be closed etc.), requirements to pre-book facilities and services, sanitisation and other hygiene requirements.
25.4 You also acknowledge that certain Supplier Principals, ports, airports, border control or other third parties may require you to undertake certain health formalities or satisfy other requirements aimed at managing the COVID-19 risks as a condition to you travelling, departing, entering or residing in a particular place. You agree that it is your obligation to obtain details of these requirements ahead of your travel departure date and comply with and satisfy these requirements. If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or the use of some other facility or service which forms part of your booking. We shall not be liable to you for any refunds or compensation in relation to such matters.
25.5 You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon return.
25.7 If you notify us before travelling, and we (or the relevant Supplier Principal) conclude that you are no longer able to travel because of the COVID-19 risks, then your booking will be treated as having been cancelled by you and our standard cancellation charges will apply. We will, however, explore with you whether it is possible for you to postpone your booking to a later date, which may incur further charges. It might also be possible for you to transfer your booking to another person, subject to the terms of transfer set out in these Terms and Conditions.
25.8 If you notify us during travel, you acknowledge that we or your Supplier Principal (or local laws and regulations) may require you to follow certain measures designed to manage the risk of COVID-19 and may refuse to provide you with the relevant service(s). You may, for instance, be required to self-isolate for a period of time. You agree to comply with these requirements. In this instance, we will provide you with such reasonable assistance as we are able to in the circumstances. However, we will not be responsible for meeting any costs incurred by you or for refunding or compensating you for the curtailment of your booking, cancelled or rebooked transportation, additional accommodation or other associated costs you incur in connection with the same.
25.9 We both agree that the measures set out above are a necessary part of keeping you, other travellers, employees and the public safe while you are on holiday. You are making your booking in full knowledge that such measures are likely to be a part of your booking and do not amount to minor or significant changes to your booking, nor do they (in respect of Package Holidays) amount to any Failure.
25.10 We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to travel or make use of all or part of your booking because of these matters. These are risks which you must protect through obtaining comprehensive travel insurance.
26. FCDO ADVICE
26.1 Please visit the Foreign, Commonwealth & Development Office’s (“FCDO”) website to review the latest travel advice about your holiday destination: www.gov.uk/foreign-travel-advice. Please note that when determining whether or not any cancellation rights have arisen in relation to your booking, we and the supplier principals may consider the FCDO’s advice. However, this is not the only factor taken into account in determining whether your cancellation rights have arisen. Ultimately, the existence of these cancellation rights will depend on the particular circumstances which exist in your holiday destination. It may be that the relevant circumstances do not significantly affect the Supplier Principals’ or Third Party Package Provider’s ability to perform the travel arrangements. It may also be the case that we, the Supplier Principals or the Third Party Package Provider may be able to make arrangements which address the issues identified by the FCDO.
26.2 The FCDO regularly updates its advice (‘FCDO Advice’) on a regular basis and often at very short notice. It is therefore possible that by the time you depart for your holiday, the FCDO will advise against non-essential travel to your destination. You may also be required to quarantine or self-isolate upon your return to the UK.
26.3 Please note that if, at the time of your departure, the FCDO Advice applies to your holiday destination but the Supplier Principals or Third Party Package Provider are still able to provide the travel arrangements booked, paragraph 24, Unavoidable and Extraordinary Circumstances (as described above) may not apply. Normal cancellation charges will apply in these circumstances.
27. CUSTOMERS WHO RE-SELL OUR HOLIDAYS
27.1 We allow you to resell any services listed in the above sections. If you choose to resell these services, irrespective of whether you make a profit margin and irrespective of whether you resell these personally or through a business, these terms and conditions will not apply. Rather, our business travel agreement will apply, which we will provide you separately. You agree to be boudn to this even if you have not been provided with a copy if you decide to resell the travel services we make available.
27.2 Where we allow you to resell these services, you are aware that if you package them up with other third party services, you will be the organiser of the holiday under the PTRs.
27.3 As such, you will be required to insure yourself or provide appropriate bonding with a recognised travel bonding body, and inform your customers that you are the organiser of the holiday under the PTRs.
28. WEBSITE ACCURACY
28.1 We take all steps practically possible to ensure that the details given to you on our website are accurate and up to date but we do rely upon the descriptions given to us by the actual suppliers of the services and facilities described. Sometimes the facilities described will be withdrawn for reasons such as course maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, water-sports for example, may not be available all year round. There may be a charge for some facilities, for example, safety deposit boxes, ironing services, and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. All hotel accommodation providers reserve the right to collect a refundable breakages deposit on arrival. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
28.2 We cannot accept any liability for errors within our website descriptions which are as a result of the provision of incorrect information from suppliers.
29. ACCOMMODATION RATINGS
29.1 All ratings given on our site are based on our ratings and are not the official ratings of the property. The ratings we use are based on certain criteria being met, which include but are not limited to location of the hotel, facilities at the property and the range of dining options available.
30.1 It is important that you behave responsibly and with consideration for others during your holiday. Accordingly, to the extent that we, or one of our suppliers, believe that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our suppliers or other customers, or if it is believed that you are not fit to travel, then we may cancel your booking without further liability to you. In these circumstances, the provisions of the paragraphs entitled "If we cancel the booking" in each relevant section above shall not apply.
30.2 Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative booking arrangements) you may occur as a result of your booking/stay being terminated.
30.3 In the event that your behaviour causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you.
31. ACCEPTED FORMS OF PAYMENTS
31.1 Racingbreaks.com Limited accepts the following forms of payment:
- Debit Cards
- Credit Cards (except American Express)
- Travel Credit Note
- Refund Credit Note
- Supplier Voucher
31.2 A supplement of 1.5% will also be charged for the use of any credit card which is a "commercial card" as defined at Article 2(6) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29th April 2015 on interchange fees for card-based payment transactions.
32. OVER PAYMENTS
32.1 If you incorrectly make an on-line overpayment on your booking, you will be refunded the excess subject to deduction of a handling charge of £5. This is necessary due to the processing charges incurred. We will be happy to waive this fee should you choose to take a credit.
33. TRAVEL INFORMATION AND HEALTH ADVICE
33.1 Please note that we can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. Any information supplied by us 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.
33.2 It is your responsibility to have valid travel documents. For up to date UK government health and travel advice please visit, www.gov.uk/foreign-travel-advice, www.hpa.org.uk and www.nathnac.org and contact your GP.
33.3 A passport is necessary to travel to all countries. 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. Neither we, nor the suppliers, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. 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. For more information consult the Foreign & Commonwealth Office website.
33.4 Most European countries enjoy the same level of medical service as Great Britain. However, we recommend you and all members of your party INSURE YOURSELVES ADEQUATELY. If you are visiting EU community countries or Switzerland you may obtain a European Health Insurance Card (EHIC) which has replaced the E111. This card gives you access to state funded health care in these countries at a reduced rate or free of charge. You can obtain your EHIC though the NHS website. Use of the EHIC may no longer be possible following the end of the Brexit transition period on 31 December 2020. We strongly recommend that you check the Government’s Brexit pages before travel (available here: https://www.gov.uk/transition) and also obtain separate travel insurance with appropriate medical insurance.
34.1 We consider travel insurance to be essential. It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away. Accordingly, it is a condition of making a booking through us that you have suitable insurance cover for the booking you have made to cover you for the countries and any activities which you expect to take part in. This insurance as a minimum should cover cancellation, baggage loss, accidents and health issues, FCDO travel restrictions and significant risks to human health like the outbreak of a serious notifiable disease at the travel destination and force majeure while you are away. Your insurance should also include cover against COVID-19 and other health related incidents which may affect or curtail your booking. You should take your policy details with you. You should contact us to discuss this if you do not already have insurance in place.
34.2 You should ensure that your insurance covers you in the event that the FCDO advise against travel in either your place of departure or destination of travel as we are not governed by FCDO advice and may take a contrary view to their advice.
35. COMPLAINTS AND RESOLVING DISPUTES
35.1 If anything is not to your satisfaction during your holiday please immediately inform both us and the relevant Supplier Principal (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the Supplier Principal so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. However, if your complaint is not resolved locally, please follow this up within 28 days of your return home by emailing us giving your booking reference and all other relevant information. Please keep your letter concise and to the point.
35.2 We will acknowledge your letter within 14 days, with a full reply following this within 28 days unless we have been unable to investigate your complaint within this time, in which case a detailed explanation for the delay will be provided and a full reply sent in any event within 56 days. No liability can be accepted for any complaint or claim which is not notified in accordance with the provisions of this paragraph.
35.3 Please send all complaints to firstname.lastname@example.org.
35.4 Further to this, you can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
35.5 Please note failure to advise us of problems whilst on holiday, as described above, deprives both us and the suppliers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
36 ALL VOUCHERS
36.1 Vouchers must be applied at the time of booking, they cannot be applied retrospectively to an existing booking.
36.2 Vouchers are non-transferrable.
36.3 All vouchers expire on redemption.
36.4 All vouchers claimed will be delivered to the winners in digital format.
36.5 Vouchers Obtained at under Face Value ('UFV Vouchers') are any vouchers provided by us to you which have not been purchased or have been purchased at below their face value.
36.6 Only one UFV Voucher can be used per booking.
36.7 UFV Vouchers cannot be applied to bookings where accommodation is not included as part of the booking.
36.8 UFV Vouchers cannot be used in conjunction with any other offer.
36.9 UFV Vouchers cannot be applied retrospectively to existing bookings.
37. CHARGEBACKS AND ASSIGNMENT OF CLAIMS
37.1 Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”). Rather, your rights to refunds and other claims shall be governed solely by the terms of these Terms and Conditions.
37.2 You agree that if you initiate a Chargeback or make a demand for payment from a Supplier Principal, we shall be entitled to take such steps as we consider reasonable to ensure that you are not paid twice for the same claim. This may include suspending any obligations we may have to pay you under these Terms and Conditions (or otherwise) until the Chargeback or claim against the Supplier Principal has been finally determined and the time limit for any challenge or appeal has expired.
37.3 In the event that you or a member of your party has a direct legal claim against a Supplier Principal for a refund, compensation or other loss or damage, and we agree to pay such sum to you (whether as a result of concurrent legal obligation, which we have to you or otherwise), you agree that upon such payment being made you shall assign your rights, title, interest and benefit in and to such legal claims to us upon our request.
37.4 You agree that you will not assign or otherwise transfer any of your legal rights or claims against us which arise out of or are in connection with your booking or these Terms and Conditions except as otherwise permitted in these Terms and Conditions.
38. GENERAL TERMS
38.1 The various paragraphs set out in these Terms and Conditions operate separately to one another. If any court or any other relevant authority decides that any of these paragraphs (or part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
38.2 These Terms and Conditions and the associated Booking Confirmation set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your booking.
38.3 These Terms and Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.
38.4 If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
38.5 We may transfer our rights and obligations with you under these Terms and Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Terms and Conditions. You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
38.6 If you have any queries about these Terms and Conditions, please contact us before placing a booking via the contact details shown below.
40. LAW AND JURISDICTION
40.1 These booking conditions and any dispute or claim arising out of or in connection with them (including all non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
40.2 You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation. If you live in Northern Ireland or Scotland, you may opt for the courts of Northern Ireland or Scotland (as appropriate) to deal with any dispute.
41. CONTACT DETAILS
41.1 If you have any queries or concerns regarding your booking, or if you would like to amend or cancel your booking, you may contact us at:
Phone: 0800 193 6646
Customer Services Department
22-26 Farringdon Lane,
London, EC1R 3AJ
41.2 If you have a complaint while on your trip, or you wish to make a complaint when you return home, please contact us at:
During normal opening hours we can be contacted as follows:
Phone: 0800 193 6646
Customer Services Department
22-26 Farringdon Lane,
London, EC1R 3AJ
Our opening hours are Monday-Friday 9.30am-5.30pm. We are closed on Saturdays and Sundays.