TRIP.COM PACKAGE HOLIDAY BOOKING TERMS AND CONDITIONS

1.YOUR RELATIONSHIP WITH TRIP

• 1.1Your booking and your contract is with Trip. Please read these Booking Conditions carefully before booking with us. If there is anything within these Booking Conditions that you do not understand, then please contact us at the details given in paragraph 20.9 below to discuss what this means for you. If you do not agree to these Booking Conditions you must not book a Package Holiday with us.
• 1.2The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for paying the full price of the Package Holiday, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking. The Lead Name must have capacity to enter into a legally binding contract (including being at least the required age to have capacity in your country).
• 1.3The Lead Name must ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these Booking Conditions and that the Lead Name has the authority to accept and does accept these Booking Conditions on behalf of all persons in the booking. The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.
• 1.4Trip does not itself operate any of the services, facilities or travel arrangements which make up your Package Holiday. These are provided by third parties whom we arrange to provide the services, facilities or travel arrangements which make up your Package Holiday (the "Travel Providers").

2.BOOKING YOUR PACKAGE HOLIDAY WITH US

• 2.1All bookings for Package Holidays 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 of the Package Holidays 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 Package Holiday you have sought to book with us is not available.
• 2.2A contract will only come into existence between us 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 us. We will not issue such a confirmation if we discover an error in the pricing of the Package Holiday (see paragraph 3 below) or if any part of the Package Holiday is no longer available.
• 2.3If, for any reason, we are unable to accept your booking, we will inform you of this and not process your booking further. We will then arrange for you to be refunded any part of the Package Holiday already paid, unless you decide to use that payment towards a different booking.
• 2.4If you have any special requests you must let us know during the booking process. We will attempt to pass on all reasonable requests to the Travel Providers at our sole discretion, but we cannot guarantee that such requests will be met by the Travel Providers.
• 2.5If 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 Package Holiday is suitable for you.

3.PRICE OF PACKAGE HOLIDAYS

• 3.1We may change the advertised price of any Package Holiday from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice. We will confirm the actual price at the time of booking.
• 3.2We advertise a large number of travel services and we try hard to ensure that the advertised price is always accurate, but sometimes errors do occur. We will normally verify prices at the time of booking. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.
• 3.3We are under no obligation to supply you with a Package Holiday which is incorrectly priced, even after we have issued our confirmation of booking, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.
• 3.4We may change the price of your Package Holiday after we have issued our booking.

4.PAYMENT

• 4.1When you make a booking with us for a Package Holiday, the terms of payment will be made clear to you at the time of booking. These will vary depending on the travel services booked. Some bookings may require payment in full at the time of booking, some may require you to pay the Travel Supplier (e.g. to the hotel upon check-in). If any sum is not paid in full in accordance with the terms of your booking, we may cancel your booking immediately and retain such sum in accordance with the terms of paragraph 6 below.

5.ALTERATIONS

• 5.1If you wish to make a change to your booking after we have issued our booking confirmation, please contact us. We do not have a legal obligation to make such changes but we may, at our sole discretion, try to accommodate your request. Please understand that it is often not possible for us to do so as changes may depend on availability and the terms and conditions of our Travel Providers.
• 5.2The terms which apply to your amendment request vary according to the travel services booked. These will be made clear to you at the time of booking, which may include a requirement to pay an administration charge for making an amendment. This could be substantial, for instance, certain elements of the Package Holiday (e.g. a flight) may incur a 100% cancellation charge.
• 5.3You may transfer your Package Holiday to another person who satisfies all the conditions applicable to the Package Holiday, subject to you and the other person accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. In order to take advantage of this possibility, you must contact us at the details set out in paragraph 20.9 below. You will need to give us reasonable notice of this change so that we can make the necessary arrangements, but 7 days before departure shall be considered to be reasonable.

6.CANCELLATIONS BY YOU

• 6.1You, or a member of your party, may cancel your booking at any time by giving us written notice by contacting us at the details set out in paragraph 20.9 below. Any such notice of cancellation must be given by the Lead Name on the booking.
• 6.2The terms which apply to your cancellation request vary according to the travel services booked. These will be made clear to you at the time of booking and may include a requirement to pay a cancellation charge. This could be substantial, for instance, certain elements of the Package Holiday (e.g. a flight) may incur a 100% cancellation charge based on the travel service provider’s policies.
• 6.3Subject to paragraph 6.4, in addition to the cancellation right set out above, you shall have the right to cancel your booking before the start of the Package Holiday without paying any cancellation charge in the event of unavoidable and extraordinary circumstances (which is described in paragraph 11 below) ("Unavoidable and Extraordinary Circumstances") occurring at the place of destination or its immediate vicinity if we have confirmed to you that they will significantly affect the performance of the Package Holiday, or they significantly affect the carriage of passengers to the destination. If you cancel in this circumstance, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation or any of the rights set out in paragraph 10 below.
• 6.4If the UK Foreign and Commonwealth Office is advising against travel (against all, or all non-essential travel) to your chosen destination at the time that you place your booking, and this advice is not removed by the date of your departure, if you cancel your booking paragraph 6.2 of these Booking Conditions will apply and there may be a requirement to pay a cancellation charge. For more information visit https://www.gov.uk/foreign-travel-advice.
• 6.5We shall provide you with any refund of payments made under the booking, less any cancellation charges due to us, as soon as we can and in any event within 14 days of cancellation.

7.AMENDMENTS BY TRIP BEFORE DEPARTURE

• 7.1As the arrangements which make up your Package Holiday are planned many months in advance, from time to time we may need to make a change to your Package Holiday. We reserve the right to do so at any time. Most changes are minor changes, however, occasionally we have to notify customers of a significant change that we are constrained to make to the main characteristics of the Package Holiday, or where we cannot fulfil any of your special requirements which we have accepted.
• 7.2In the unlikely event that we have to make a significant change to your Package Holiday, we will tell you as soon as reasonably possible. You will then have the option to:
• • A.accept the proposed change. If this results in a Package Holiday of lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 10 below;
  • B.reject the proposed change and terminate your Package Holiday with a full refund; or
  • C.reject the proposed change, terminate your Package Holiday and take an alternative one if we decide to offer this. If you decide to take an alternative Package Holiday, we will inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 10 below.
    We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the proposed change. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the Package Holiday and provide you with a refund.
• 7.3If you decide to reject the proposed change and terminate your Package Holiday with a full refund, you may also be entitled to compensation in accordance with paragraph 10 below.
• 7.4We may not give you any of the above options in the event that a change to the purchased Package Holiday is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.

8.CANCELLATIONS BY TRIP BEFORE DEPARTURE

• 8.1On rare occasions, we may have to cancel your Package Holiday and we reserve the right to do so (for instance, because the airline cancels the flight). If we have to do so, we will notify you as soon as possible. We will also offer you an alternative Package Holiday if we are able to do so, and inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 10 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the Package Holiday.
• 8.2You may be entitled to compensation as a result of our cancellation of your Package Holiday in accordance with paragraph 10 below, except where we are prevented from providing the Package Holiday because of Unavoidable and Extraordinary Circumstances and we notify you of the cancellation without undue delay before the start of your Package Holiday.

9.OUR RESPONSIBILITY FOR THE PERFORMANCE OF THE PACKAGE

• 9.1Trip does not itself operate any of the services, facilities or travel arrangements which make up your Package Holiday. These are provided by third party Travel Providers whom we arrange to provide the services, facilities or travel arrangements which make up your Package Holiday. We have a legal duty to exercise reasonable skill and care in making the arrangements for the Travel Providers to provide the services, facilities and travel arrangements to you.
• 9.2We also have a liability to you for the performance of the travel services included in your Package Holiday under the Package Travel and Linked Travel Arrangements Regulations 2018 ("PTR"), irrespective of the fact that such travel services are to be performed by the Travel Providers.
• 9.3You must tell us immediately of any failure to perform or improper performance of your Package Holiday ("Failure"). This will give us the opportunity to resolve the Failure whilst you are on your Holiday. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with paragraph 10.
• 9.4If a significant proportion of the travel services included in your Package Holiday cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the Package Holiday. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described in paragraph 10 below. You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in the booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with paragraph 10.
• 9.5If a Failure substantially affects the performance of the Package Holiday, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your Package Holiday or terminate your booking without paying a termination fee. If you decide to terminate, then if your Package Holiday included carriage to the destination, we shall also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with paragraph 10.
• 9.6If we are unable to ensure your return to your place of departure as agreed in your Package Holiday because of Unavoidable and Extraordinary Circumstances, we shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding 3 nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the Package Holiday.
• 9.7If a longer period of accommodation than that referred to in paragraph 9.6 above is provided for in the PTR concerning your mode of return transport, or the PTR does not allow the transport provider to limit its obligations as described in paragraph 9.6 in the event of Unavoidable or Extraordinary Circumstances, then the limits set out in the PTD will apply instead.

10.PRICE REDUCTION AND COMPENSATION FOR DAMAGES

• 10.1You will be entitled to an appropriate price reduction for any period during which there is a Failure, unless the Failure is attributable to you.
• 10.2You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:
• • A.attributable to you;
  • B.attributable to a third party unconnected with the provision of the travel services included in the Package Holiday and is unforeseeable or unavoidable; or
  • C.due to Unavoidable and Extraordinary Circumstances.
• 10.3We shall not be liable to pay compensation to you in connection with your Package Holiday where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of our Travel Providers. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. We shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the Package Holiday.
• 10.4Our liability will also be limited in accordance with the contractual terms of the Travel Providers which provide the transportation element of your Package Holiday and in an identical manner as if such limitations applied directly to us.
• 10.5Our liability to you in connection with your Package Holiday shall be limited to a maximum of 3 times the cost of your Package Holiday, except in cases involving death, injury or illness where we or our Travel Providers have caused such damage intentionally or with negligence.
• 10.6If you are granted compensation or a price reduction by another party in relation to the same Failure which you claim compensation or a price reduction from us, then we may deduct the compensation or price reduction you receive from the other party from that which is payable by us.
• 10.7Except as set out above, we accept no liability for any claims, losses, expenses, damages or liability for your Package Holiday, except in cases involving death, injury or illness where we have caused such damage with negligence.

11.UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

• 11.1In these Booking 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.
• 11.2This 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 package travel contract.

12.PROMPT ASSISTANCE IN RESORT

• 12.1We shall provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and helping you find alternative travel arrangements. Typically, we do not charge for this assistance, although we do reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.
• 12.2If you are in difficulty and you need our assistance, please contact us using the details set out in paragraph 20.9 below.

13.EXCURSIONS

• 13.1It may be possible for you to book a local excursion during your Package Holiday, such as a local tour, experience, concert, activity, sports or adventure experience. These will be bookable and payable by you locally. You will be entering into a contract directly with the excursion provider and so they will not form a part of your Package Holiday. They will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a local excursion.

14.YOUR BEHAVIOUR

• 14.1It is important that you behave responsibly and with consideration for others during your Package Holiday. Accordingly, to the extent that we, or one of our Travel Providers, believe that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our Travel Providers or other customers, or if it is believed that you are not fit to travel, then we may cancel your Package Holiday without further liability to you. In these circumstances, the provisions of paragraph 8 above shall not apply.
• 14.2In 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.

15.YOUR FINANCIAL PROTECTION

• 15.1We provide full financial protection for our flight-inclusive Package Holidays and ATOL protected flight only sales by way of our Air Travel Organiser's Licence number 11572 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone +44 (0)333 103 6350, email claims@caa.co.uk.
• 15.2When you buy an ATOL protected flight inclusive Package Holiday from us 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.
• 15.3We, 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 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).
• 15.4If 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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

16.TRAVEL INFORMATION

• 16.1Please 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.
• 16.2The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.gov.uk/foreign-travel-advice). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. 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 Travel Providers, 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.

17.INSURANCE

• 17.1It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away. It is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday. You should contact us to discuss this if you do not already have insurance in place.

18.FLIGHTS

• 18.1If the airline with which you are booked cancels your flight or ceases to trade whilst you are overseas, you must contact us for instructions on replacement flights. Our policy is to try to replace a flight with an equivalent flight and so if your flight is economy, we will arrange an economy flight by way of replacement. You may pay the price of an upgrade if you so wish. If you had booked a higher class such as business, we will endeavour to find a business class seat by way of replacement, although if an economy seat is available on an earlier flight, we shall arrange for you to be booked on that earlier flight. This is because in the event that a flight is cancelled, our main priority will be to find replacement flights to fly you home. We shall not be liable for any replacement flights you book if you have not first given us a reasonable opportunity to find replacement flights for you.

19.RESOLVING DISPUTES

• 19.1If anything is not to your satisfaction during your holiday please immediately inform both us (via the details set out in paragraph 20.9 below) and the relevant Travel Provider (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the Travel Provider 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 at the details set out in paragraph 20.9 below, giving your booking reference and all other relevant information. Please keep your letter concise and to the point.
• 19.2Please note failure to advise of problems whilst on holiday, as described above, deprives both us and the Travel Providers 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.

20.GENERAL TERMS

• 20.1The various paragraphs set out in these Booking 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.
• 20.2These Booking 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.
• 20.3These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.
• 20.4If we do not insist immediately that you do anything you are required to do under these Booking 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.
• 20.5We may transfer our rights and obligations with you under these Booking 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 Booking Conditions.
• 20.6These Booking Conditions and any dispute or claim (including 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 Singapore, although this shall not deprive you of any mandatory consumer rights of the law of the country in which you are resident in.
• 20.7You and we both agree that the courts of Singapore will have jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation, although this shall not deprive you of any mandatory right to choose instead to resolve any such dispute or claim in the courts of the country in which you are resident.
• 20.8Where the original English version of these Booking Conditions has been translated into other languages, the English version shall prevail in the event of any inconsistences between the versions.
• 20.9To contact us, please email or telephone our customer service team (for our email address and helpline number, please see https://www.trip.com/help). You can also use the service chat on our website.