Terms & Conditions

My Swft Ltd Terms of Business


1. Introduction

 

These Terms of Business, together with our Privacy & Cookies Policy and any other written information we brought to your attention before you started using one of our mobile phone applications or before we confirmed your booking, apply to any use of a My Swft mobile phone application or any booking with My Swft Ltd. My Swft Ltd is a company registered in England and Wales under company number 10719004, whose registered office address is at Kemp House, 160 City Road, London, EC1V 2NX (“we” or “us”). Please read these terms carefully as they set out our respective rights and obligations. In these Terms of Business references to "you" and "your" include your user account on a My Swft mobile phone application, the first named person on your booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

 

2. Definitions


Apps: our iOS and Android mobile phone applications named My Swft, whether downloaded from Apple App Store or Google Play Store

 

Website: www.myswft.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions

 

Arrangements: Means a single travel component, Flight-plus arrangement or

Package holiday.

 

Flight-plus arrangements: A Flight-Plus Holiday is where you purchase through us,

at the same time or within a day of each other, a flight plus overseas accommodation and/or car hire from separate Travel Providers and as separate bookings (i.e. not a package holiday).

 

Package Holiday: Means a pre-arranged combination of at least two of the following

components when sold or offered for sale at an inclusive price and when the service

covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.

 

Single travel component: Means a booking in respect of accommodation only, flight

only or any other booking in respect of a single travel component. All single travel

components do not form part of a Flight-plus or Package Holiday arrangement.

The type of the arrangement you have entered into will be stated on the booking

confirmation and any ATOL certificates issued for holiday bookings, the capacity in

which we act differs depending upon the Arrangements and will be stated on the

booking confirmation.

 

Third Party Travel Products: My Swft may present, suggest or allow you to search for, find or book Third Party Travel Products provided by independent travel agents, airlines, hotels, tour operators or other third parties (“Travel Providers”). My Swft is not responsible for providing, or for setting or controlling the prices applicable to, any of the travel options or products (such as flights or hotels) which you may search for, find on and/or book with Third Partis via our Apps.

 

These Terms of Business apply to bookings of single travel components, Flight-plus and Packages booked directly through My Swft. Any booking made directly with a supplier that My Swft suggested to you (Third Party Travel Products), either via our Apps or via any other method, will be subject to that suppliers terms of business.
 

 

3. Financial protection

 

My Swft is a Member of the Travel Trust Association (TTA) with membership number Q5447. The TTA and TTA members help holidaymakers to get the most from their travel and guarantee 100% financial protection to the consumer, ensuring total consumer confidence. We are obliged to maintain a high standard of service to you by the TTA’s Code of Conduct.

 

All members must operate a trust account in which all customer monies are held. If you make a booking directly with us your payment will go straight into the trust account. The trust account is operated by the TTA Trustees and we have no control over it. Your money is held in the trust account for you until:

1. We pay for your flight, in which case, the money relating to the flight is paid to us once we take out supplier failure cover on the provider of your flight (so that your money is insured)

2. If the flight provider is an ATOL holder, the Trustees can pay for your flight directly from the trust account as your flight is fully covered by the supplier’s ATOL

3. The Trustees pay for another element of your holiday direct from the trust account if we have taken out supplier failure cover on the provider of the holiday element (so that your money is insured)

4. We pay for an element of your holiday from the trust account to a supplier who is also a TTA member (no supplier failure cover required)
5. You return from your holiday having received all of the booked services, at which point, all remaining monies are released to us

 

If you have booked directly with us and any of the suppliers of your holiday should go into insolvency then, in the case of an ATOL holder, you will receive an alternative or a refund for the cost of your flight. If the supplier does not hold an ATOL then we will have taken out supplier failure cover on your monies and we will either use that money to acquire a suitable alternative, or refund you.

 

In the unlikely event of our insolvency all monies in the trust account will be held by the TTA Trustees until a provider of your holiday requires payment, at which point they will pay and take out any supplier failure cover if required.

 

We have an ATOL license (T7635) which will cover all Flight Plus bookings made directly with us. The money you pay for a Flight Plus booking (excluding card surcharges and our own service fees) is protected under the ATOL flight plus scheme, which means in the unlikely event of our insolvency, or that of our suppliers, your holiday (or a suitable alternative) will still be provided to you or a refund will be paid back to you.

 

This combination of the TTA membership and an ATOL license for Flight Plus gives ultimate financial protection for your money if you have booked directly with My Swft.

 

 

4. Privacy Policy

 

At My Swft we like to keep things private. When it comes to your privacy we never

compromise. We will always be clear about why we need the details we ask for, and ensure that your personal information is kept as secure as possible. How we do this is explained in our separate Privacy & Cookies Policy.

 


5. Using the My Swft mobile phone applications (Apps)


5.1 Provision of services by My Swft:
 

1. Your use of our Apps is at your sole risk. The Apps are provided on an “as is” and “as available” basis.

2. My Swft does not warrant that (i) that the Apps will be delivered uninterrupted, timely, secure, or error-free, (ii) that the Apps will meet your requirements or expectations, (iii) that the results obtained from planning a trip using the Apps will be completely accurate or reliable

3. You understand and agree that My Swft shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or services, or other intangible loss, resulting from: (i) the use or the inability to use the Apps including incorrectly entering important details such as passport details or by failing to ensure that they are up-to-date at the time of booking either directly with My Swft or via an external supplier that My Swft recommended; (ii) any changes which My Swft may make to the Apps, or any permanent or temporary cessation in the provision of the Apps; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Apps; (v) or any other matter relating to the Apps.

4. Technical support is provided on a best-effort basis by My Swft and only by email. Please contact us on hello@myswft.com

5. You understand that My Swft may use third parties (for example, hosting partners) to provide the necessary resources to run our Apps.

6. My Swft may stop, remove, modify, or add features or services at our sole discretion. Any new, changed, or removed features are subject to the Terms of Business. Continued use of the Apps after any such changes constitute your consent to the changes.
 

5.2 Your use of the Apps:

1. You agree to use the Apps only for the purposes permitted by (i) the Terms of Business and (ii) any applicable law, regulation or generally accepted practices or guidelines in your relevant jurisdiction.
2. You agree to our Privacy & Cookies Policy

3. To use our Apps, you are required to register a user-account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your user-account and password. User-accounts registered by bots or other automated methods are not permitted.

4. For certain services, My Swft may allow you to define a name or write content for your trip, polls, poll options or trip descriptions. You understand that My Swft can rename or edit your trip, polls, poll options, and trip description e.g. if you intentionally or unintentionally interfere with a trademark owner or if you use any inappropriate, abusive or offensive content.

5. For certain services, My Swft may allow you to upload a profile picture or a trip cover picture. You are responsible to not upload an abusive picture, to not infringe on any copyrights or trademarks, and to not use a design which other users of the Apps may deem offensive.

6. My Swft reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user accounts from any our Apps at our sole discretion.

7. You understand that by using the Apps you may be exposed to content that you may find offensive, inappropriate or objectionable and that, in this respect, you use our Apps at your own risk.

8. You agree that you will not impersonate another person on our Apps.

9. You agree that you will not (i) engage in any activity that interferes with or disrupts the Apps, the servers and networks which are connected to the Apps; (ii) reproduce, duplicate, copy, sell, trade or resell the Apps for any purpose without the express written consent from My Swft.

10. My Swft reserves the right to temporarily or permanently suspend user accounts or trips immediately if any of these terms are violated. My Swft determines violation at its sole discretion. If a user-account is to be suspended, My Swft will make a reasonable attempt to warn the user account owner in advance via email.

11. Abuse or excessively frequent requests via the My Swft Apps may result in the temporary or permanent suspension of your user-account. My Swft determines abuse or excessive usage at its sole discretion.

12. You agree that you are solely responsible for any breach of your obligations under the Terms of Business and for the consequences of any such breach and that My Swft has no responsibility to you or to any third party for any such breach.

 

6. Booking Third Party Travel Products

1. Any Third Party Travel Products which you find and/or book via our Apps, Website, or by any other means including via email, WhatsApp or Messenger, are provided by independent travel agents, airlines, hotels, travel operators or other third parties (“Travel Providers”).

2. My Swft may facilitate your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking.

3. You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flier miles and other benefits, and additional charges.

4. Where you have used the My Swft app to book two or more related travel products within a 24-hour period (for example a flight and hotel separately within a 24 hours period) then this may be classified as a “Linked Travel Arrangement” depending on where you are located and the applicable consumer protection laws that apply.  Where a Linked Travel Arrangement has been created, you will not have the same level of consumer protection that you would get where you book both a flight and hotel together through one single agent (where you may then get the benefits that apply to booking holiday packages). This means that you need to rely on each individual provider to perform their services, and do not have legal recourse to the organiser or the retailer of a package. In the event of the insolvency of one of the providers involved in the Linked Travel Arrangement, the protections available under the EU Package Travel Regulations will not apply. Please see section 9 of these Terms of Business for more details.


6.1 Limitations and exclusions of liability for bookings of Third Party Travel Products

1. My Swft has no responsibility whatsoever for any arrangements you make with any Third Party as a result of your use of the My Swft Apps, Website, email, WhatsApp or Messenger (including, without limitation, any Travel Provider). In the event that you encounter any problems with any bookings of Third Party Travel Products that you make or attempt to make via My Swft, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with My Swft.
2. Where we provide links to other sites and resources provided by Third Parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

7. Contract

 

All bookings made directly with My Swft are subject to availability. Before a booking is taken, full details of your proposed trip will be advised to you. Once you have confirmed to us that you are happy with the proposal, we will proceed to take payment and issue you with a booking confirmation. Please check that all names are as shown on the relevant passports, that dates and timings and all other elements of your trip are correct. Where this is not done, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.

 

A binding contract between us and you is only formed when we issue our booking confirmation after having received payment from you, in cleared funds, of at least the required deposit or the full price of your holiday (dependent upon when the booking is made relative to the intended departure date). By making the booking you accept that you have the authority to bind all members of your party to these Terms of Business and agree on behalf of all persons detailed on the booking that:

1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;

2. He/she consents to our use of information in accordance with our Privacy & Cookies Policy;

3. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

4. he/she accepts responsibility for payment of the arrangements on behalf of all persons detailed on the booking.

 

 

8. Price and payment

 

For bookings made directly with My Swft, we reserve the right to alter the prices of any trips shown on our website or set out in our written proposal to you at any time before you make a booking. You will be advised of the current price before your booking is confirmed. Prices quoted are GBP sterling prices based on daily currency exchange rates current at the time of quotation. Please note that all payments taken on debit or credit card will be taken in GBP sterling and so if you are a customer whose payment card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

In all cases, in order to make a booking, a deposit will be required. The amount of deposit varies depending on the nature of your trip and will be confirmed to you before you book. Where bookings include flights with airlines that require full payment in advance of booking, the full price of the flight(s) will be included in the booking deposit and will be chargeable in the event of cancellation (see below). The balance payment is due 12 weeks in advance of the intended departure date. If the booking is made less than 12 weeks before departure, the full price of the trip will be payable on booking. If, following the payment of a deposit at the time of booking, any balance remains unpaid within 12 weeks of the intended departure date, we reserve the right not to issue travel documentation and treat your booking as cancelled. In such circumstances cancellation charges will be applied as set out below.

 

Payment must be made in the currency of the invoice and you will be responsible for any bank charges that you may incur. Payment can be made by cheque, bank transfer, debit or credit card. In all cases, a booking will not be confirmed until we are in receipt of cleared funds. Where payment is made by credit card by customers outside of the EU, we reserve the right to charge you a transaction charge of 2% (2.5% for American Express) when your deposit and balance payments are made. We do not charge credit card fees for customers inside the EU. For your peace of mind, our site is protected by Thawte and all card payments are encrypted using the internationally accepted security system, SSL.

 

 

9. Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

1. Travellers will receive all essential information about the package before concluding the package travel contract.

2. There is always at least one Travel Provider who is liable for the proper performance of all the travel services included in the contract.

3. Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or Travel Provider.

4. Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs. Please see section 13 below.

5. The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

6. Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the Travel Provider responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

7. Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package

8. Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee as outlined in section 13 below

9. If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

10. Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

11. The Travel Provider has to provide assistance if the traveller is in difficulty.

12. If the Travel Provider becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. In respect of flight-inclusive packages, My Swft Ltd has taken out insolvency protection by way of a bond held by the Civil Aviation Authority under ATOL number T7635. Travellers may contact this entity (Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email claims@caa.co.uk) if services are denied because of My Swft Ltd’s insolvency.
 

You can read more about the Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

 

10. Visa, passport and health requirements

 

Information about passport and visa requirements for your trip can be obtained from the Foreign Office 'Know Before you Go' website, here: https://www.gov.uk/knowbeforeyougo. 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. Neither we, nor the Travel Provider, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date.

 

Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the arrangements you chose to book.

 

 

11. Insurance


It is essential and a condition of booking, that you take out a comprehensive travel insurance policy to cover you before, during and after your trip. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.

 

 

12. Information

 

Whilst we make every effort to ensure that the information on our Apps and Website is accurate and not misleading, it may have been published many months before your trip takes place and may be subject to change. We reserve the right to make changes to the Website and any information it contains at any time. Where material changes are made that affect your trip after your booking has been confirmed, please see section 14 below.

 

 

13. Amendments and cancellation by you

 

If you have booked directly with My Swft, any cancellation or amendment request must be sent us in writing and will not take effect until received by us. If you have booked directly with another supplier following a My Swft recommendation either via our Apps or via any other channel, you must request the amendment directly with that supplier and you are subject to their terms of booking.

 

13.1 Amendments:

 

If you have booked directly with My Swft and if after our booking confirmation has been issued, you wish to change your travel arrangements in any way, we will do our best to assist you in amending your arrangements after booking, but cannot guarantee that this will be possible. Any request for changes must be in writing from the person who made the booking. You will be asked to pay an administration charge of £50 and any further costs we incur in making those alterations.

 

We reserve the right to treat any amendment notified to us less than 8 weeks prior to the date of departure as a cancellation and in such circumstances, will require you to pay to us the cancellation charges set out in section 13.2 below. If you or any member of your party is prevented from going on your confirmed trip for reasons beyond your control for example, death of a close relative or jury service, you/they have the right to request the transfer of your/their booking to another person, subject to our prior approval. Such person will be bound by these terms and conditions of booking. Where you, as the lead and contracting member of your party, are unable to travel, and your place is taken by another person, that person will assume the role of lead and contracting member of the party, unless you notify us to the contrary. In all cases where a member or members of the booking party are substituted with others, we reserve the right to charge an administration fee of £50 per name change in addition to any other charges that we may incur in making the amendments. Please note that in many cases, scheduled airlines apply 100% cancellation charges and will not permit name changes or other booking alterations to be made. If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.

 

In addition to amendment and cancellation charges that we apply, you will be responsible for any increased charges arising from changes to accommodation arrangements and/or room occupancy levels that you wish to make.

 

13.2 Cancellations:

 

If you have booked directly with My Swft, you, or any member of your party, may cancel your travel arrangements at any time. The cancellation will take effect from the date that we receive written notification of the cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you. Booking cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date. If you cancel more than 12 weeks before your intended departure date (i.e. before the balance due date), this charge is likely to be the amount of your deposit (including any increased deposit payable as a result of the booking of scheduled flights, see above) although it could be more. Charges for cancellation after the balance due date will usually be more than the deposit amount and will vary due to the complex nature of our travel itineraries. Cancellation charges are likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total price of your booking and you should contact us as soon as possible. Cancellation charges for your trip can be confirmed to you on request at any time including before booking. Please ask for confirmation of the amount of any cancellation charge before cancellation. Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all of the cancellation charges. Please speak to your insurance provider.

 

In all cases, where you have booked directly with My Swft, and where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party, or any substitute lead and contracting member of the party (see above). This will be the case regardless of which members of the party make the deposit and balance payments for the booking.

 

 

14. Amendment and cancellation by us

 

14.1 Amendments before departure:

 

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

 

If you have booked directly with My Swft, and if we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used on the website may be subject to change.

 

Occasionally we may have to make a major change to your confirmed arrangements. Examples of major changes include the following, when made before departure:
1. A change of accommodation area for the whole or a significant part of your time away.
2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

3. A change of outward departure time or overall length of your arrangements of twelve or more hours.

4. A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.

5. A significant change to your itinerary, missing out one or more destination entirely.

 

14.2 Cancellation:

 

If you have booked directly with My Swft, we will not cancel your travel arrangements less than [60 days] before your departure date, except for reasons of force majeure, see section 14.4, or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

 

If you have booked directly with My Swft and we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

1. for major changes) accepting the changed arrangements;

2. having a refund of all monies paid; or

3. accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).

 

You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

 

14.3 Compensation:

 

If you have booked directly with My Swft and we cancel or make a major change less than [60 days] before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

 

Period before departure when a major change or cancellation is notified to you

Compensation payable per person

60 days or more

£0.00

29-59 days

£25.00

15-28 days

£35.00

7-14 days

£40.00

Less than 7 days

£50.00

 

We will not pay you compensation in the following circumstances:
1. where we make a minor change

2. where we make a major change or cancel your arrangements more than [60 days] before departure

3. where we have to cancel your arrangements as a result of your failure to make full payment on time

4. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you

5. where we are forced to cancel or change your arrangements due to Force Majeure, see section 14.4 below

 

Please note that where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

 

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.

 

14.4 Force majeure

 

Compensation will not be payable in any cases where an amendment, change or cancellation is due to an unusual or unforeseeable event or circumstance beyond our reasonable control including, but not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers, (each such event or circumstance being defined in these Terms of Business as a “Force Majeure Event”).

 

14.5 Travel delays

 

The services of major international airlines are included in many of our trips and whilst these airlines’ flights are rarely subject to lengthy delays, there are occasions when such delays do occur. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details are publicised at EU airports and are available from airlines. However, reimbursement in such cases does not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation is set out in clauses 11.1-11.4 above. If any payments to you are due from us, any payment made to you by the airline will be deducted.

 

 

15. Our responsibilities and liability to you

 

If you have booked directly with My Swft, our obligations, and those of our suppliers, are to take reasonable skill and care to provide the services or facilities that form part of your booking with us.

 

15.1 We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these Terms of Business and the extent to which ours or our employees’ or supplier/principals’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our suppliers have been negligent if you wish to make a claim against us.

 

15.2 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

1. the act(s) and/or omission(s) of the person(s) affected;

2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

3. unusual or unforeseeable circumstances beyond ours or our suppliers control, the consequences of which could not have been avoided even if all due care had been exercised; or

4. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled

 

15.3 We limit the amount of compensation we may have to pay you if we are found liable under this clause:

1. for loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind, as per section 11 of these Terms of Business;

2. for claims not falling under 12.3.1 above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

3. for claims in respect of international travel by air and sea, or any stay in a hotel: the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). My Swft can provide copies of these Conventions if requested. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

 

15.4 In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

 

15.5 It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier/principal(s) strictly in accordance with the complaints procedure set out in these Terms of Business. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

 

15.6 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.

 

15.7 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier/principal agrees to provide for you.

 

 

16. Flights – delays, cancellation and denied boarding

 

Please ensure that all of 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 your departure. Please ask us for at least 72 hours before your outbound flight. You should take note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund. Where a flight is changed, delayed or cancelled or you are denied boarding of an aircraft for any other reason, you may be entitled to claim compensation from the airline under Regulation (EC) 261/2004. Full details are available at European airports and from airlines. You must lodge any claim for compensation under this Regulation directly with the relevant airline. We are not an air carrier and we will have no liability to you in relation to the above Regulation. Please note that any refund you obtain under these Regulations does not give you an automatic right to obtain a refund or compensation from us. Your right to a refund and/or compensation are set out in section 13 above. If any payments to you are due from us, any payment made to you by the airline will be deducted.

 

 

17. Complaints

 

Because the contract for your arrangements is between you and the hotel or end Travel Provider, any queries or concerns should be addressed to them. If you have a problem during your stay, this must be reported to the hotel or Travel Provider immediately. If you fail to follow this procedure there will be less opportunity for the hotel to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

 

If you still wish to complain when you return home, you can contact us and we will liaise between you and the hotel in order to try to resolve your complaint. Please note that we do this as part of our customer service to you and as a gesture of goodwill only. We do not accept responsibility for dealing with complaints, nor do we have any liability for refunds or compensation. Our contact details can be found on our website and in section 22 below.

 

 

18. Special requests

 

If you have booked directly with My Swft, and if you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met and we will have no liability to you if they are not.

 

 

19. Disabilities and medical problems

 

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. It is your responsibility to provide us with full and accurate details on any special assistance you may require. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

 

 

20. Your behaviour

 

All guests booked with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

 

 

21. Jurisdiction and applicable law

 

These Terms of Business and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

 

 

22. Contact

 

Please contact us with any questions on hello@myswft.com or on +44(0) 2039 000 223

 

This policy was last revised on the 24th May 2019

 
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