Thomas Cook London 2012 Booking Conditions
Thomas Cook is proud to be appointed by the London Organising Committee of the Olympic Games and Paralympic Games Limited [“LOCOG”] as the official provider to UK residents of short breaks to the London 2012 Olympic Games and Paralympic Games (“the Games”). Thomas Cook's appointment is subject to strict control by LOCOG. In particular, Thomas Cook has to abide by various conditions to which its appointment is subject, and Thomas Cook has no say whatsoever in the terms imposed by LOCOG. There are certain legal consequences, which include: Thomas Cook has no responsibility to you for anything to do with the arrangement or organisation of the Games; in purchasing tickets to the Games through Thomas Cook you are agreeing and accepting that you are bound by all terms imposed by LOCOG and that you have no claim whatsoever against Thomas Cook should you have any cause for dissatisfaction with any element of the Games and that all the terms and conditions set out below are subject to these overarching principles.
LOCOG’s detailed terms and conditions of ticket purchase are set out in full on Thomas Cook’s London 2012 website and may be accessed at www.tickets.london2012.com/purchaseterms
You must ensure that you are fully familiar with these detailed terms of LOCOG, although some of them (for example, the sections dealing with the ordering or purchase of tickets direct from LOCOG, merchandising requirements or delivery of tickets) are, in the main, inapplicable to your booking through Thomas Cook. They contain important information about the organisation and operation of the Games which materially impact upon your participation and attendance at the Games. For example, you should note that there are very strict limits on what you can take into the venue (there are no "left luggage" facilities so that if you have material and/or personal belongings over and above that which you are allowed to take into a venue you will either have to consent to it being destroyed or you will not be allowed to enter the venue). If you are late for a session for which you have a ticket you may not be allowed in and, irrespective of the reason, you will not receive any refund. LOCOG may change timings at any time, and it is your responsibility to ensure that you are aware of timings. You must at all times have photographic ID with you. You are not allowed to re-sell your tickets.
Thomas Cook’s short breaks mean that you can purchase tickets provided that you also purchase accommodation. You may either purchase "Games Breaks" or "Games Breaks Plus” arrangements through Thomas Cook. The difference is that in the former you will be responsible for making your own way to the events for which you have booked tickets; with the latter Thomas Cook will arrange transport between your accommodation and your events, and provide services of representatives. The terms and conditions set out below explain Thomas Cook's responsibilities and liabilities to you, and your responsibilities. Section A is particularly concerned with your tickets, and section B is concerned with everything else. Thomas Cook means Thomas Cook Retail Ltd, trading as Thomas Cook London 2012.
A. London 2012 Olympic and Paralympic Tickets
A1. General
Thomas Cook's contractual responsibility in relation to the tickets you book is simply to process your booking accurately and to relay to you accurately and in as timely a fashion as possible all information made available to Thomas Cook by LOCOG about the events for which you have booked tickets. Thomas Cook has no responsibility for the organisation, arrangement, conduct, provision or control of the Games and/or any information issued by LOCOG about the Games. This means that Thomas Cook has no liability to you for any refund, compensation or other loss (whether direct or indirect and including any wasted accommodation or other cost) should the Games or any part of them or any individual session be cancelled, curtailed or changed or altered in any way. It is your responsibility to ensure that you have full and satisfactory insurance to cover you for such eventualities.
A2. Venue Admission, Facilities and Ticket Regulations
Admission to venues is controlled by LOCOG, venue officials and/or the police. Where we provide you with a ticket for the Games, our responsibility is limited to the provision of the ticket itself and this does not guarantee your admission to the venue. Your actions or behaviour or the behaviour or actions of others may result in you being denied entry to the venue. Such circumstances are beyond our control and we accept no responsibility if this happens.
Security for entry to venues will be strict. You will need to allow a considerable amount of time to go through the security arrangements which will involve screening very similar to the sort of screening which occurs at airports.
We accept no liability whatsoever for either the quality of any event or venue facilities, or for any injury sustained in the venue or in the vicinity of the venue or during the Games (except where such injury is caused by our negligence).
Venue and ticket regulations apply which can be viewed on the London 2012 website (www.tickets.london2012.com/terms_of_use ) and will be stated on your ticket or available on request from LOCOG.
A3. Replacement Tickets
Thomas Cook accepts no responsibility for lost or stolen tickets. Any request for replacement tickets is subject to LOCOG terms and conditions.
A4. Personal Use
If you are purchasing Games Breaks or Games Breaks Plus arrangements other than for your own personal use you are subject to various restrictions. These include: You are not allowed to purchase more than 10 arrangements in any one day; you cannot use the arrangements you purchase as part of any promotion or corporate branding opportunity; you cannot use your own brand in connection with LOCOG brands; you cannot re-sell any of the arrangements you purchase; you cannot use attendance at the Games as a corporate branding opportunity or in any way associate yourself with the Games. Should you breach in any way any of these restrictions your bookings will be cancelled and you will not receive a refund of any monies you have paid to Thomas Cook for these bookings.
Games Breaks and Games Break Plus Arrangements
B1. Booking and Payment Terms
A contract will exist between you and us when we issue a confirmation invoice/e-mail. If you need special assistance you must speak to us before making your booking so that we can liaise with LOCOG over the extent of arrangements which will be feasible and available for you at the venue of your choice. If you fail to tell us about any special assistance which you need we cannot have any responsibility to you for your consequential failure to be able to enjoy or participate in the arrangements you have booked.
The person who signs the booking form or completes the booking online or over the telephone is the ‘lead name’. He or she must be a minimum age of 18 and is responsible for payment of the total booking price, and any subsequent charges that may be payable. He/she also agrees to provide accurate and full information to the remainder of the traveling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any who may be added at a later date, agree to be bound by these conditions, and all other information on our website and brochure (as applicable).
In most cases you will be required to make full payment at the time of booking. Occasionally we may vary the payment terms and accept a deposit for the arrangements followed by full balance payment by a specified date. You will be advised at the time of booking what payment is required for the arrangements in question.
PLEASE NOTE FAILURE TO PAY ON TIME WILL RESULT IN CANCELLATION. Please also note that, if you are not normally resident within the EU, you should not book with us and we will be entitled to cancel your booking should you book with us, in which case you will not receive a refund of any monies you have paid to us.
B2. Method of Payment
Debit/Credit Cards: LOCOG require us only to accept payment by Visa (Visa is the only debit/credit card which is an official sponsor of the Games). Customers wishing to pay by alternate means (such as cash) should visit their nearest Thomas Cook group store. Customers choosing to pay by credit card will be subject to a credit card handling fee of which you will be advised at the time of booking.
B3. How Will We Contact You After Your Booking Is Confirmed
After booking we may communicate with you by e-mail (if you have booked online or given us an e-mail address we may use to contact you), by post or by telephone (unless you booked via your travel agent in which case all communications will be sent to your travel agent). By making your booking or enquiry online or otherwise providing us with an e-mail address, you authorise us to contact you in relation to your booking or enquiry using the e-mail address you have used to contact us or which you have otherwise provided. You must accordingly check your e-mails on a regular basis. Not all communications can go by e-mail. We may also contact you by post or by telephone if, for example and for whatever reason, we have difficulty contacting you by e-mail or we urgently need a response from you.
B5. Price Changes
The price for your arrangements is guaranteed once you have made your contract with us. If we change the price before you book with us we will tell you.
B6. Significant Changes Before The Start Of Your Arrangements
From time to time we may have to change details of the arrangements you have booked, particularly if LOCOG changes the timing of events. If any change will have a significant effect on your arrangements, we will tell you about it before you are due to attend any event, if there is time. Changes we will tell you about include:
· If the event for which you have a ticket is rescheduled to start by more than 18 hours from the original scheduled start time; or
· A change to the Games discipline you have a ticket for; or
· A change of location (other than within a city) for the event for which you have a ticket; or
· If we downgrade your accommodation by more than one official rating.
If you do not want to accept a significant change, which we will tell you about, we will, if we are able to do so, offer you an alternative arrangement of equivalent or closely similar standard and price at no extra cost, or a less expensive arrangement, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different arrangement offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your arrangements and receive a refund but we will only be able to refund you such sums as we receive back from LOCOG where the significant change is a change to the event you originally booked.
Unless the change is as a result of circumstances listed in the paragraph below, we will pay you compensation. If you have not accepted the change but have accepted an alternative, the compensation we will pay you will be nominal and will be to compensate you for the inconvenience of having to make alternative arrangements but otherwise we will have no liability to pay you compensation. If you have accepted the change, again, the compensation will be nominal. If you have not accepted the change and have accepted a refund, the compensation will be a nominal sum designed to compensate you for your inconvenience of arranging for the refund and making any alternative arrangements you subsequently make but otherwise we will have no liability to pay you compensation.
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change the arrangements you have booked with us, or we, or our suppliers, cannot supply your arrangements, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any situation that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Circumstances beyond our control will also usually include, but are not limited to, war, terrorist activity, civil unrest, industrial dispute, vandalism, road traffic accidents/congestion, bad weather (actual or threatened) and significant building work ongoing outside of your accommodation, which is not known to us in advance of the start of your arrangements and building work from a third party (such as road works).
B7. Minor Changes Before The Start Of Your Arrangements
Any change which is not deemed to be significant, as outlined in section B6. above, will be classed as a minor change. We will endeavour to tell you about a minor change before you travel but we will not pay compensation as a result of this change.
When you book your arrangements, accommodation will be reserved for you on either the night before or the night of the scheduled date of the event. Where an event is rescheduled for any reason whatsoever to commence within 18 hours of the previously confirmed time, we will, subject to availability, offer you the option to change the night of your accommodation booking to coincide with the event change. This change does not constitute a significant change and no refund will be payable if you cancel your arrangements.
B8. Our Liability to You
(i) Our obligations, and those of our suppliers providing any service or facility involved in your arrangements, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements will be proper performance of our and our suppliers’ obligations. You must show that reasonable skill and care has not been used if you wish to make any claim. Please note that this clause does not apply to the Games, and section A explains that Thomas Cook has no liability to you in relation to the organisation, arrangement, conduct, provision or control of the Games and/or any information issued by LOCOG about the Games.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your Arrangements not be as described on our website or elsewhere by us. If we are found to be at fault in connection with our contractual obligations, our maximum liability to you is limited to twice the cost of your confirmed booking. This maximum will only be payable when every aspect of your Arrangements has gone wrong and you have not received any benefit from your Arrangements.
(iii) For claims which involve death or personal injury as a result of an activity forming part of your Arrangements, we have liability subject to paragraph (i) above and (v) below. If we have liability, we will, subject to paragraphs (vi) and (vii), pay you reasonable compensation.
(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to paragraphs (vi) and (vii) except where the cause of the failure in your Arrangements or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is either attributable to you, or attributable to someone unconnected with the Arrangements and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(v) You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in clause B13 below entitled “Complaints”.
(vi) Should you become ill while on your Arrangements, you must, in addition to reporting your illness to your accommodation provider, consult a doctor. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the doctor whom you saw, together with written authority for us to obtain a medical report from both those doctors.
(vii) If you or any member of your party suffers illness, injury or death, through misadventure, as a result of any activity which does not form part of your Arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to us of £5,000 per booking. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
(viii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Arrangements.
B9. Insurance
We recommend you arrange appropriate travel insurance cover for the arrangements you book with us.
B10. Changes You Wish To Make After Booking
There will be very limited scope, if any, to change your Arrangements after you have booked them. You will not be able to change the events for which you have booked tickets or your accommodation. It may be possible to make incidental changes, and please refer to the online details of your booking or your travel agent for the sorts of incidental changes which you can make and any fees that may apply.
B11. Cancellation By You
If you cancel your Arrangements you will be subject to 100% cancellation charges and you will not receive a refund of any money you have paid to us.
B12. Suppliers’ Conditions
Our third party suppliers have their own booking conditions, and you will be bound by these, so far as the relevant supplier is concerned. Our suppliers’ conditions will also apply to your contract with us, and in the event of any conflict between the suppliers’ conditions and our conditions, the suppliers’ conditions will prevail, save to the extent that any term in the suppliers’ conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our suppliers’ conditions may limit or exclude liability on the part of the relevant supplier, and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and they are often subject to international conventions. Where relevant, copies of such conditions may be available for inspection at the office of the relevant supplier.
B13. Complaints
If you are not satisfied with any aspect of your Arrangements please complain as soon as possible to the relevant person (for example, the hotel management). If they cannot help you must contact us on the telephone number supplied to you in your final itinerary and we will do everything reasonably possible to sort the problem out. If you are still not satisfied please write to our offices in the UK within 28 days of returning home. If you have special needs, which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone.
The address to send complaints to is:
Customer Relations Department
Thomas Cook London 2012
2/4 Godwin Street
Bradford BD1 2ST.
Website; http://www.thomascook.com/customer-relations
We would point out that failure to follow the above procedures and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered.
It is difficult and sometimes impossible properly to investigate a complaint if we are not told about it reasonably quickly once your trip is over. Your right to claim compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your trip, prevent us from carrying out a proper investigation.
We aim to resolve all complaints ourselves, but if this is not possible your complaint can be considered under a dispute resolution scheme devised by ABTA and administered by IDRS Ltd. We will give you details of this scheme if you ask.
B14. Special Requests
If you have a special request for anything that is not automatically part of the Arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless we receive written confirmation from the supplier and pass this on to you.
B15. Information Accuracy
Descriptions of accommodation, facilities and services we provide are based on information obtained from our suppliers and particularly from LOCOG. Sometimes the facilities described will be withdrawn for reasons such as 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. There may be a charge for some facilities, for example, TVs, safety deposit boxes. There is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your accommodation.
B16. Travel Timings
Local Police Authorities and safety officers may influence the timing of transport schedules particularly where the Games involve large numbers of spectators and crowd control is necessary. All means of transportation are subject to possible delays or slow running because of, for example, numbers of travelers, road works, accidents, weather conditions, the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart or arrive at the times stated on any itinerary or tickets which you receive. All timings are estimates only. You must ensure that you leave enough time to get to venues and we do not have any liability to you for any delay, which may arise for reasons outside our control, or for any schedule alterations.
B17. Data Protection
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to LOCOG and to third party suppliers, such as hoteliers); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities and for marketing contact by means of post or telephone to provide you with offers, products and services from companies within the Thomas Cook group and carefully selected third parties. If you purchase travel insurance from us, we will need to pass your personal data (including sensitive personal data and personal/sensitive data relating to other members of your travelling party) to the insurance company. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via our web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: The Company Secretary, Thomas Cook Group UK Ltd, UK Legal Department, Unit 17 Coningsby Road, Peterborough, PE3 8SB. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
B18. Games Breaks Arrangements
Should you wish it, you can choose to have public transport in London for your Games Breaks Arrangements through Transport for London. This will be a separate arrangement to your Games Breaks Arrangements and Thomas Cook has no liability to you for transport provided by Transport for London. Your contract will be a separate contract with Transport for London and if you have any issues with that transport (whether in relation to delays, losses, damage, accident or personal injury) you will have to take it up with Transport for London.
B19. Your Responsibility
We want all our customers to have an enjoyable Games Break experience. But you must remember that you are responsible for your actions and the affect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or our own staff, or put them in danger, your booking may be ended and this could mean we or our suppliers may either ask you to leave your booked accommodation, or prevent you attending the Games.
You also have a duty to act responsibly at the Games. Venue officials or the police may refuse you entry or eject you from the venue if you are or are suspected to be intoxicated, abusive or your actions/behaviour are felt to be inappropriate or in breach of the venue’s rules. In this event, Thomas Cook cannot become involved in any dispute and you may be prevented from using the transport services or have additional conditions of carriage imposed on you. If this happens, we will not pay compensation, make any refund, reimburse any expenses you suffer as a result or otherwise have any liability to you.
B20. Law and Jurisdiction
For all bookings your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes.
Thomas Cook Retail Ltd’s registered office is
The Thomas Cook Business Park,
Coningsby Road,
Peterborough
PE3 8SB,
and the company registration number is 00102630 England.
