a. The following terms and conditions form the basis of your relationship with Triptap Ltd (we / our / us) so please ensure that you read them carefully before using the Triptap app. We are an English company registered at 130 Shaftesbury Avenue, London W1D 5EU with company number 10176427.
b. When we refer to you we are referring to the account holder making the booking, and where the trip booked is for more than one person, you confirm that you have authority to book on behalf of those additional persons and submit the required information to complete the booking.
2. The contract between you and us
a. Once full payment is received for your booking, if the transport and accommodation you wish to book are available, we will send you a confirmation invoice by email and at that point a binding contract will be created between us and you will have bought a package holiday (as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992) from us. We refer to the package holidays offered by us via Triptap as Trips.
b. Please check the confirmation email carefully and notify us of any discrepancies immediately. You are responsible for checking that the confirmation email has arrived and we shall not be liable if you do not receive the confirmation email for any reason outside of our control (for example, where you have provided an incorrect email address or your email account filters the confirmation email as junk mail).
c. Although the contract for your Trip is between you and us, individual components of the trip are provided by third party suppliers (i.e. the airline and the hotel). Those third party suppliers may have their own terms and conditions that will apply to your booking and we recommend that you refer to their websites for further details of such terms and conditions.
d. It is your responsibility to ensure that your passport, any required visa or other entry requirement is obtained before you (and any other members of your group) travel. You must allow sufficient time for any visa application to be processed before you depart. We shall not be responsible if you are not permitted ot travel due to your failing to obtain the correct entry documents in good time before your Trip.
3. Our membership of the TTA
a. Full financial protection is provided for the package holidays we sell via our membership of the Travel Trust Association (TTA) and T ATOL.
b. The TTA is a trade association of travel agents and tour operates and it requires all members to operate a trust account in accordance with the TTA’s Code of Conduct for Tour Operators and Travel Agents (the TTA Code). The trust account is jointly operated by us and the TTA’s nominated independent trustee within which your funds will be held until your package holiday is complete. Funds are only released to us following this, meaning that in the unlikely event we go out of business before or during your package holiday and as a result you are no longer able to enjoy the package holiday you booked, your funds would remain available for a refund.
c. Our TTA membership number is Q517X. If you require further information about how the TTA and T-ATOL schemes work, please see the
relevant page on the TTA’s website here.
4. ATOL protection
These terms and conditions comply with the TTA Code and ATOL protection is provided to you for confirmed bookings of package holidays as follows:
a. When you buy a package holiday from us, you will receive an ATOL certificate. The ATOL certificate lists who is protected, what is protected as well as who to contact in the event things go wrong.
b. We will provide you with the services listed on the ATOL certificate or a suitable alternative. If neither we nor our suppliers are able to do this (for example, due to insolvency) an alternative ATOL holder may provide you with the services listed on the ATOL certificate or a suitable alternative, at no extra cost to you. You acknowledge that this may not be possible in some circumstances, in which case you will be entitled to make a claim under the ATOL scheme.
Agreement with Consumer about form of ATOL protection
Where the ATOL holder has a contractual or statutory obligation (including as a Flight-Plus arranger) to provide a flight (and where applicable other travel services) to a consumer whether concluded direct or through an agent or AB member, the ATOL holder must ensure the terms of its agreement with its consumer require the consumer to accept and agree that, if the ATOL holder fails, services to be provided by the ATOL holder pursuant to a licensable transaction may, with the CAA’s prior agreement, be provided by another ATOL holder or the consumer may be required to claim a refund under the ATOL scheme by including in its terms of business with consumers the term that:
“We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought 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).”
Prohibition on transferring obligations under agreements with consumers without agreement of the CAA
Other than the clause required as set out in AST1.7A, the ATOL holder must not include a clause in its terms of its agreement with consumers that enables, or purports to enable, the ATOL holder to transfer its obligations to consumers in respect of a licensable transaction to another person (whether or not that person is an ATOL holder) without the prior agreement of the CAA.
Agreement with Consumers of assignment of consumer’s claim where consumer receives a benefit from the Air Travel Trust
Where the ATOL holder has a contractual or statutory obligation (including as a Flight-Plus arranger) to provide a flight (and where applicable other travel services) to a consumer whether concluded direct or through an agent or AB member, the ATOL holder must ensure the terms of its agreement with its consumer require the consumer to accept and agree
that, if the ATOL holder fails and the consumer receives a payment or benefit under the ATOL scheme, then receipt of such payment or benefit from the Trustees of the Air Travel Trust is inreturn for assignment absolutely of the consumer’s claim against the ATOL holder by including in its terms of business with consumers the term that:
“If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.”
5. Prices and payment
a. Prices shown for Trips include VAT and any booking fees. Prices do not include:
i) any additional mandatory departure taxes or fees that you may be required to pay directly to the airport or local authorities in order to board your flight
ii) any optional extras offered by the airline (for example, baggage allowance, boarding passes or allocated seating)
iii) any transfers or other transportation from the airport to the hotel
iv) any local city, tourist, resort or other taxes that may need to be paid directly to the accommodation provider
v) any supplementary or optional services offered by the accommodation provider (for example, breakfast, phone calls or internet access).
b. Trip prices may be altered at any time prior to the creation of the contract between us and you will be advised of the current price of the Trip that you wish to book immediately before creation of the contract between us. If you do not wish to accept that price, we may cancel your booking for that Trip.
c. Given the last minute nature of our Trips, when making a booking you must pay the total cost of the Trip immediately. Payments must be made via credit or debit card using Worldpay via the Triptap app. Credit card payments will incur a charge of 2% of the value of the total transaction.
d. If payment is declined or otherwise not received in full at the time the booking is made, we will cancel your booking for that Trip.
e. We will use reasonable endeavours to correct any errors or omissions visible to users of the Triptap app but you acknowledge that neither we nor any of our suppliers is under any obligation to honour bookings for Trips where there has been a pricing error, even if a confirmation email has been received. In such circumstances we reserve the right to correct any pricing errors visible via the Triptap app and to either offer you the opportunity to keep your booking at the correct price or cancel it without any liability to us or our suppliers.
6. Amendments, cancellations and compensation
a. Confirmed Trip bookings are non-refundable and non-changeable.
b. Any amendments you wish to make yourself to an individual component of a Trip may be subject to administration fee charged by a third party supplier.
c. In the unlikely event that one or more of our third party suppliers cancels or amends part of your Trip we shall use reasonable efforts to contact you as soon as is reasonably possible using the contact details you provided to us and are shown on the confirmation email and we will use reasonable efforts to find an appropriate substitute.
d. In the unlikely event that we need to make significant changes to your Trip or your Trip has to be cancelled before your departure date, we will either:
i) where possible, offer you a substitute Trip of equivalent or superior quality, or
ii) where possible, offer you a substitute Trip of lower quality and refund the difference in price between the original Trip and the substituted Trip, or
iii) the opportunity to cancel your booking and receive a full refund (excluding any credit card fees).
e. You may be entitled to receive compensation for changes to your Trip that we consider significant or where your Trip has to be cancelled prior to departure, unless the change or cancellation occurs due to a Force Majeure Event (as defined below). Where we determine that compensation is due we will pay you £50 per person unless you can prove that you have suffered a greater loss as a result of those changes or cancellation.
f. You acknowledge that in the event your Trip needs to be changed or cancelled after departure due to a Force Majeure Event, we will be unable to make any refunds (unless obtained from our third party suppliers) or pay you any compensation or meet any costs or expenses you incur as a result of that Force Majeure Event.
g. A Force Majeure Event includes any event which prevents us or any of our third party suppliers from a failure to perform, or delay performance of any of our or their obligations due to any act or event beyond our or their reasonable control, including (without limitation) strikes, lock-outs, industrial action, civil commotion, riots, invasions, terrorist attacks or threats of terrorist attacks, war or threat of or preparation for war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics or any natural disasters or the failure of public or private telecommunications networks or the impossibility to use railways, shipping, aircraft, motor transport or any other means of transport.
7. Our liability
a. We shall perform our obligations under the contract between us with reasonable skill and care, subject to these terms and conditions. If we are unable to perform or improperly perform the contract between us, we may pay you appropriate compensation if this has affected the enjoyment
of your travel arrangements. Any amounts recoverable for us are reduced by the amount that you may recover under any travel insurance (whether booked through us or not).
b. We shall not be liable where any failure in the performance of the contract between us is due to you or any third party unconnected with the provision of travel arrangements and where the failure was unforeseeable or unavoidable, even if due care had been exercised.
c. We shall not be responsible for any injury, illness, death, loss, damage, expense, loss of enjoyment, cost or other claim of any type which results from:
i) any act or omission (whether negligent or not) of the affected persons, or
ii) the act or omission of any third party not connected with the provision of your travel arrangements which were unforeseeable or unavoidable, or
iii) any Force Majeure Event.
d. We shall not accept any further or different liability than is required of us under the Package Travel, Package Tours and Package Holidays Regulations 1992.
e. Compensation payments shall be excluded or limited in accordance with and/or in an identical manner to:
i) our third party suppliers’ terms and conditions
ii) any relevant international convention (for example, the Montreal Convention in respect of travel by air and the Paris Convention for accommodation) which limit the amount of compensation you can claim for death, injury, delay to passengers and loss, damage and delay to luggage, and
iii) any payment made to you by the airline under the European Regulation No. 261/2004 (the Denied Boarding Regulations).
f. Nothing in these terms excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other limitation that is excluded by law from time to time.
8. General provisions
a. Governing law and jurisdiction. These terms and conditions are governed by English law and you and us each agree to submit to the exclusive jurisdiction of the English courts at all times.
b. Interpretation. Throughout these terms and conditions, the singular includes the plural and vice versa.
c. Severance. If any court of competent authority finds that any clause of these terms and conditions is illegal, invalid or unenforceable, that clause (or part of that clause) shall to the required extent by deemed deleted and the validity and enforceability of the remaining clauses shall not be affected.
d. No waiver. If we do not enforce or delay in enforcing our rights against you, that does not mean we have waived those rights, and you must still comply with your obligations.
e. Third party rights. These terms and conditions apply only to you and us and no other person shall have any right to enforce them.
By entering Triptap Ltd’s launch competition, you will be bound by these Terms & Conditions and you acknowledge that you satisfy all eligibility requirements.
Eligibility. Open to residents of the United Kingdom who have access to the UK App Store and are of 18 years or older.
Prize(s) and Winner Selection Method. Triptap Ltd will award a free trip – that includes return flights, 2 nights stay at a hotel and event tickets – for 2 people to one individual who meets the above eligibility criteria. The winner may invite one other individual on the basis they meet the same eligibility criteria. To win the competition, the participant must download Triptap Ltd’s mobile application Triptap from the Apple App Store, then complete the entire signup process within the first week of launch, ending 14th June. The winner accepts that if any of the components that make up this prize – flights, hotel and tickets – are unable to be fulfilled by the third parties who operate them, Triptap Ltd will hold no liability for any costs incurred by winner. The winner accepts the components that make up the prize are pre-selected by Triptap, and that if chosen as the winner, they must accept any additional costs incurred.