1. Definitions In these conditions of contract:
- “ACE” means ACE Travel Management, the trading name of KMG travel Management Ltd. a company incorporated under the Companies Act (Registered Number 2722778).
- “Customer” means any person, firm or Company with whom ACE contracts for the provision of Travel Arrangement Services by ACE.
- “Passenger” means any passenger in respect of whose travel ACE provides the Travel Arrangement Services on the instructions of the Customer;
- “Third Party Suppliers” means any third parties who supply any travel by air, land or sea, accommodation, car-hire, travel insurance or other related travel services to the Customer.
- “Travel Arrangement Services” means ACE’s services in recommending, booking and/or otherwise arranging, negotiating and reporting of the supply of travel by air, land or sea, accommodation, car hire, travel insurance or other related travel services by Third Party Suppliers to the Customer.
a) The conditions shall be deemed to be incorporated into all contracts made by ACE with the Customer to the exclusion of all other terms and conditions and all work undertaken by ACE, shall be deemed to be carried out on the terms of these conditions unless otherwise expressly agreed in writing by ACE
b) ACE shall provide such Travel Arrangement Services to the Customer as may be requested by the Customer from time to time. In the absence of any express written instructions to the contrary, ACE may accept (and the Customer shall be bound by) any requests made by any employee, agent or other representative of the Customer.
c) By making a booking, the Customer is entering into a legally binding contract with the relevant Third Party Supplier which is subject to the terms and conditions of that Third Party Supplier (copies of which are available to the Customer on request). For the avoidance of doubt, ACE shall not be responsible for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Customer or any Passenger (directly or indirectly) as a result thereof.
d) No Passenger or any other third party will have any rights against ACE, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
a) ACE shall contract with the Third Party Suppliers on behalf of the Customer and the Customer shall pay to ACE on demand all costs, fees, taxes etc invoiced by ACE to the Customer in respect of items contracted with the Third Party Suppliers.
b) If credit account facilities have been made available by ACE to the Customer then all sums due by the Customer to ACE shall be payable as set out in paragraph 3(c) below. ACE reserves the right to decline credit account facilities or to withdraw such facilities. Should no such credit account facilities be made available by ACE to the Customer or should these facilities be at any time withdrawn then ACE reserves the right to request an advance payment from the Customer in respect of all contracts to be entered into on behalf of the Customer. Upon the withdrawal of credit account facilities all monies owing to ACE will become immediately payable.
c) Payment by the Customer of monies outstanding upon credit accounts is due as cleared funds within the terms stated on the related invoices.
a) Credit notes or refunds (if any) for travel services not used may only be issued upon the return of the relevant documentation relating to the travel service concerned and are subject to the terms and conditions of the relevant Third Party Supplier. Failure to return the said documentation will imply an acceptance of the invoice for the travel services and payment will become due as per the standard payment terms set out in Clause 3 above.
b) In the event that any cancellation or refund requires the consent of or calculation by the relevant Third Party Supplier then the account issued shall remain due and payable in terms of Clause 3 above and any sum refunded by the Third Party Supplier shall only be credited to the Customer’s account on receipt of same by ACE from the Third Party Supplier.
c) Without prejudice to the generality of Clauses 4(a) and 4(b) above, the Customer acknowledges and agrees that:
(i) any credit notes or refunds in respect of rail travel services can only be issued provided the relevant documentation is returned within one month of date of the issue of the said documentation (or on any other terms relating to the ticket issued in respect of the rail services in question);
(ii) not all tickets may be refunded or altered and that any refunds made may be liable to any fees which ACE and/or the Third Party Supplier may from time to time levy.
If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket or the charges levied then clarification should be sought from ACE at the time of booking.
5. Late Payments
In the event that any sums due by the Customer to ACE are not paid when due then, without prejudice to any other remedies of ACE, ACE may at any time:
(i) suspend all or part of the provision of Travel Arrangement Services to the Customer; and/or
(ii) charge a late payment fee and statutory interest on the overdue sums, as permitted by the UK late payment legislation.
(iii) cancel (without any liability to the Customer or to any Passenger) any bookings made on behalf of the Customer, with any cancellation fees incurred as a result thereof being for the account of the Customer.
a) In the event of a claim by the Customer or by any Passenger in respect of the supply of the Travel Arrangement Services or any other liability whatsoever for which ACE is responsible in law, ACE’s maximum liability is in any event restricted to the lesser of the total amount paid to ACE by way of fees for the supply of the Travel Arrangement Services concerned by the claimant or any additional expenses incurred by the claimant.
b) Subject to Clause 6(a) above, ACE shall incur no liability whatsoever to the Customer or any Passenger in respect of any direct, indirect or consequential losses (howsoever incurred).
c) The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the Travel Arrangement Services or any travel resulting therefrom. ACE shall use all reasonable endeavours to assist the Customer and/or the Passenger in obtaining such a policy of insurance from an insurer on the express request of the Customer and on payment of the appropriate premium. The Customer agrees to make each and every Passenger aware of the provisions of this Clause 6.
In the event that ACE should at any time expressly or by implication waive any of its rights contained herein such waiver shall not be deemed to prejudice in any way the enforcement of such rights by ACE on any subsequent occasion.
ACE reserves the right to vary the terms of these Standard Conditions at any time by notifying the Customer in writing. Any such variation shall take effect in respect of any Travel Arrangement Services supplied on or after the fifth working day following the date of posting said notification to any address to which ACE has invoiced the Customer in the preceding three months or to the last such address if no invoices have been issued in the preceding three months.
VAT will be charged where applicable at the rate in force on the date of supply.
10. Data Protection
Each party shall ensure that it complies fully with the requirements of Data Protection Legislation and the Customer shall ensure that any communication of personal employee data to ACE and the Third Party Suppliers has been properly authorised by the employee concerned. The Customer acknowledges that ACE may store the Customer’s and employee’s data outside of the European Economic Area, and consent is hereby granted to this. The Customer consents to contact from ACE via e-mail, letter or phone about products and services that may be of interest to the Customer.
11. Jurisdiction and Governing Law
These terms and conditions, any supply of the Travel Arrangement Services to the Customer and/or the Passenger and any contracts between ACE and the Customer shall be governed by the law of England and shall be subject to the jurisdiction of the English Courts, without prejudice to the right of ACE to seek recovery of any sums due from the Customer before any court of competent jurisdiction.
“Your financial protection. When you buy an ATOL protected flight or flight inclusive 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”
“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 not 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 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 iut 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 anoter body, if that other body has paid sums you have claimed under the ATOL scheme.”