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Previous changes as of 6 July2018
Previous changes as of 13 October 2017
Avios Group (AGL) Limited’s membership with ABTA has changed which has resulted in a change to the Terms and Conditions under Spending Avios on Hotel, Car Rental and Experiences.
Unless otherwise stated in these Executive Club Conditions of Use (“Conditions of Use”), capitalised terms are as defined in the Executive Club Terms and Conditions (“Terms and Conditions”), which are incorporated herein.
1. Members can use their Avios to pay in full or part payment of the total price of selecting their preferred seat on British Airways operated flights made in ‘manage my booking’ on Ba.com or by calling a British Airways Contact Centre.
2. Bookings made with this payment option will be subject to the standard commercial Seating Policy associated with the seat selected.
3. All seats selected must be eligible for Avios full or part payment for it to be applied to the booking.
4. The Avios payment rates are defined in a fixed set of currencies. If more than one Avios payment option is available, it is not possible to change the price option chosen once a booking has been made.
5. The Avios payable will depend on the cabin class, route selected and the number of people on the booking, this will be clearly displayed on the booking page.
6. British Airways reserves the right to alter the applicable Avios payment rates at any time in its sole and absolute discretion, but this will not apply to bookings already made.
7. When a Member pays for seat selection using Avios, the Member must make the relevant payment for the seat. The Avios will be debited from the Member’s Executive Club account, for each passenger on the booking.
8. When Avios have been used as full or part payment, the Avios will be refundable only where the booking is refundable, please refer to the ‘Commercial seating policy’ for more information.
9. When a seat booking is made for a member who is either on the Household Account or the Family and Friends List, the Avios points will be taken from each Member’s Avios points balance in the proportion to the size of each Household Account Members’ Avios points balance. Members of a Household Account can make Avios full or part-payment seat bookings for people outside of the Household Account.
10. Avios payment may not be used in conjunction with any other promotional offers, unless expressly stated otherwise.
11. Members do not earn Avios and Tier Points on paid seating selection.
These booking terms and conditions apply to all new bookings for ground services (hotels, car hire, experiences and other services other than flight services) completed on the internet at ba.com or on the telephone from 16 November 2011. These terms and conditions are between you and British Airways Plc. and Avios Group (AGL) Limited. These ground services are only available for purchase for members who are resident in the countries specified below:
|Countries eligible for online and offline sales||Anguilla, Antigua, Bahamas Barbados, Bermuda, Canada, Cayman Islands, Grenada, Ireland, Jamaica, South Africa, St.Lucia, Trinidad, Turks & Caicos, UAE, UK, USA
|Countries eligible for online sales only||Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hong Kong, Hungary, Israel, Italy, Luxembourg, Malaysia, Netherlands, Nigeria, Norway, Poland, Portugal, Romania, Singapore, Spain, Sweden, Switzerland, Turkey
1. Your booking
1.1. These are the booking conditions that apply to your booking of ground services using Avios under the Executive Club Scheme. However, unless part of a package, they do not apply to any flight bookings using Avios booked through the Executive Club which can be separately booked at ba.com and are subject to the terms at Executive Club Terms and Conditions.
1.2. Your contract for your ground services will be booked via Avios Group (AGL) Limited (a member of the same group of companies as British Airways) with a Rewards Marketing Partner. The Marketing Partner will be responsible for the provision of those services.
1.3. British Airways will be responsible for servicing your booking on behalf of Avios Group (AGL) Limited and in the event of any service request or enquiry you should contact the British Airways Executive Club online or on the phone using the contact details at contact the Executive Club.
1.4. Unless otherwise stated in these Executive Club Conditions of Use, capitalised terms are as defined in the Executive Club Terms and Conditions.
1.5. Experiences are fulfilled and supplied by Viator and cannot be changed or refunded. Car Rental is fulfilled and supplied by Avis Budget EMEA Limited. Hotels are fulfilled and supplied by one of Avios Group (AGL) Limited’s hotel Marketing Partners. Avios Group (AGL) Limited acts as an agent unless stated otherwise.
1.6. In these booking conditions, "we", "us" and "our” refers to both British Airways Plc and the Avios Group Limited unless specific reference is made to either British Airways or Avios Group (AGL) Limited.
British Airways Plc is a limited company registered in England under company no. 1777777 whose registered address is Waterside, PO Box 365, Harmondsworth, UB7 0GB.
Avios Group (AGL) Limited is a limited company registered in England under company no.2260073 whose registered address is Astral Towers, Betts Way, London Road, Crawley,West Sussex RH10 9XY.
1.7. PLEASE NOTE: If you have made a booking and then request an amend that cannot be fulfilled, your booking may require complete cancellation. If you then re-book, your new booking is subject to availability and may be at a higher rate, and with different terms. For details of the cancellation terms please see clause 6.
1.8 As each of the bookings for ground services are held separately to each other (and to any flight bookings you make) please ensure that any customer service request is made in relation to each individual element of the services.
1.9. These booking conditions apply to your booking as follows:
Clauses 1 to 3 and 4 to 12 inclusive, apply to all bookings made with us;
Clause 4 only applies to Packages and Linked Travel Arrangements
Clause 13 applies to travel insurance.
1.10. If you have booked car rental, hotels or experiences with us, there are separate terms and conditions which apply in addition to these booking conditions. Please refer to the information provided at the time of booking.
1.11. Any special offers booked may have specific terms and conditions attached, in addition to these booking conditions. Please refer to the promotional literature and check these before booking as once confirmed you are deemed to have accepted them.
1.12 In these booking conditions the following definitions have been applied according to “The Package Travel and Linked Travel Arrangements Regulations 2018”:
1.12.1 “travel service” means:
(a) the carriage of passengers;
(b) the provision of accommodation which is not intrinsically part of the carriage of passengers and is not for residential purposes;
(c) the rental of cars;
(d) any other tourist service not intrinsically part of a travel service within the meaning of paragraph (a), (b) or (c)
1.12.2 Subject to Clause 1.12.4 “Package” means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if
(a) those services are combined by one trader, including at the request of, or in accordance with, the selection of the traveller, before a single contract on all services is concluded; or
(b) those services are
(i) purchased from a single point of sale and selected before the traveller agrees to pay,
(ii) offered, sold or charged at an inclusive or total price,
(iii) advertised or sold under the term “package” or under a similar term,
(iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or
(v) purchased from separate traders through linked online booking processes where
(aa) the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders, and
(bb) a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service, irrespective of whether the traveller concludes separate contracts with one or more travel service providers in respect of the services.
irrespective of whether the traveller concludes separate contracts with one or more travel service providers in respect of these services
1.12.3 Subject to Clause 1.12.4 “Linked Travel Arrangement” means at least two different types of travel service purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual service providers, if a trader facilitates —
(a) on the occasion of a single visit to, or contact with, a trader’s point of sale, the separate selection and separate payment of each travel service by travellers; or
(b) in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
1.12.4 A combination of travel services where not more than one type of travel service of the kind listed in paragraph (a), (b) or (c) of the definition of “travel service” is combined with one or more tourist services of the kind listed in paragraph (d) of that definition is not a package if the latter services—
(a) do not account for a significant proportion of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the combination; or
(b) are selected and purchased after the performance of a travel service of the kind listed in paragraph (a), (b) or (c) of the definition of “travel service” has started.
1.12.5 “EEA” means European Economic Area which comprises the following countries, Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden and the UK. Where we refer to the EEA we also include Switzerland.
2. General legal provisions and responsibilities
2.1. Your contract is governed exclusively by English law and is subject to the non-exclusive jurisdiction of the courts of England and Wales.
2.2. Avios Group (AGL) Limited has contracted with independent contractors to provide hotel accommodation, car rental and other land services. Except in the case of Packages sold to EU residents, neither British Airways Plc, Avios Group (AGL) Limited, nor any of its subsidiaries or affiliates, (together hereafter referred to as “BA”)) are responsible for any acts and/or omissions of these independent contractors, their employees, agents, servants or representatives and BA will accept no responsibility or liability in respect of either person or property for any loss, damage, injury, accident, delay or irregularity however occasioned, sustained or suffered during or on any land services, or in the carrying out of any such arrangements booked by or through BA. For the avoidance of doubt, this clause does not seek to exclude liability for death or injury to the extent caused or contributed to by the negligence of BA or its employees.
2.3. The booking conditions apply equally to you and to all persons named in your booking.
2.4. The law regarding accommodation for persons with disabilities varies from country to country and we cannot guarantee that all hotels, transport and amenities will be equipped and suitable for wheelchair users or disabled persons.
2.5. If you have special requests, these can be requested at time of booking. Please note that while we do our best to fulfil special requests and advise the supplier of your preferences these cannot be guaranteed. Special requests may be subject to additional charges which are payable locally direct to the supplier.
3. When your contract with the Avios Group Limited comes into force
3.1. This Clause does not apply to travel insurance. Travel insurance is dealt with in Clause 13.
3.2. If you book with us directly on the Internet at ba.com, your contract will come into existence with Avios Group (AGL) Limited or its supplier immediately at the time your booking is completed. Your booking is completed when you see a "Booking Confirmation" page on your screen. We will send you an email or letter confirming your travel arrangements, together with a link to an online summary of your booking that contains a link to these conditions.
3.3. If you are resident of the United Kingdom and have booked in Pounds Sterling with us over the telephone your contract with us will come into force after 24 hours, during which time you are allowed to cancel your arrangements with us and receive a full refund, and will not be subject to any cancellation charges. If your departure date is within 14 days of the date you make your booking, your contract with us comes into existence immediately and clause 3.2 will apply.
3.4. Once you have made a booking, then any amendments to your original itinerary, whether over the telephone, the Internet or otherwise, (such as adding additional products), will be subject to these booking conditions. These booking conditions will come into effect immediately once the amendment has been confirmed.
4. Financial Protection
4.1 Financial Protection for Package Bookings
If you book in the EEA, a Package (as defined in Clause 1.12) which includes a flight element or booked outside the EEA a Package that has the first departure point in the EEA, you will receive a confirmation invoice from us confirming your arrangements and your protection under Air Travel Organiser's Licence number 4562. In the unlikely event of our insolvency, the Civil Aviation Authority will ensure that you are not stranded abroad and will arrange to refund any money you have paid us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
4.1.1. Your Financial Protection. When you buy an ATOL protected flight inclusive Package 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.
4.1.2. 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). Your Points are not protected under the ATOL scheme so will not be shown on your ATOL Certificate.
4.1.3. 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 take 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.
4.1.4 If you are a resident of the EEA, the Channel Islands or the Isle of Man and have booked a Package (as defined in Clause 1.12) that does not include a flight, any consumer financial protection required by law will be provided through a Financial Failure Insurance Policy arranged by International Passenger Protection Limited and underwritten by Insurers who are Lloyds Syndicates. Such arrangements are intended to comply with the requirement to provide security for prepayments. For further information, visit the IPP website at www.ipplondon.co.uk.
4.2 Financial Protection for Linked Travel Arrangements
If you book, in the EEA, travel services that create a Linked Travel Arrangement (as defined in Clause 1.12.3) you will NOT benefit from rights applying to Packages under the Package Travel and Linked Travel Regulations 2018.
4.2.1. If you book and pay, in the EEA, for a flight and subsequently, during the same visit to our booking website or by clicking on a link we send to you within a period of 24 hours, go on to book additional travel services (as defined in Clause 1.12.1) this will create a Linked Travel Arrangement. In that case, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, we will have protection in place to refund your payments for flight services not fully performed because of our insolvency, and for your repatriation. We have taken out insolvency protection with International Passenger Protection Limited, which is underwritten by Insurers who are Lloyds Syndicates. For further information, visit the IPP website. Please note that this insolvency protection only provides protection for your flight and and does not cover contracts with other parties which can be performed despite British Airways’ insolvency.
5. Booking and payment
5.1. When you make a booking we will ask you to pay the price in full whether you are paying for it in Avios or in “Avios & Money” (Avios and cash).
5.2. Full payment of any cash element by credit card (or debit card for UK only) is required to make a reservation. Payment will be listed as ”British Airways on behalf of Avios Group (AGL) Limited” (or equivalent) on your credit / debit card statement.
5.3. If you have made your booking on the Internet your "Booking Confirmation" page will display a link to your vouchers. It is your responsibility to print and retain these vouchers.
5.4. If you have made your booking via telephone you will receive a "Booking Confirmation email" which will display a link to your vouchers. It is your responsibility to print and retain these vouchers.
5.5. Your vouchers are important documents serving as confirmation of payment and as an exchange document. You must take these vouchers with you and exchange them for the services you have booked through us. Without them you will not be able to prove that you have booked and paid for the relevant product/service and the product/service will not be provided by the supplier or you may be charged locally by the supplier.
5.6. You should check carefully the booking details and all documentation provided to you (including these booking conditions) and contact us immediately if you think any details we give you are inaccurate.
5.7. Only we, the person who makes or pays for the booking, those individuals whose names appear in the booking and will be using the services and, when travel insurance is purchased, those persons referred to in Clause 13 shall have any rights to enforce any of these booking conditions. Except as stated in Clause 13, only we and the person who makes the booking, or payment, may cancel or change it or any part of it and the consent of any other persons whose names appear on the booking is not required for any such change or cancellation.
5.8. The person who makes or pays for the booking must be at least 18 years old. Some hotels and other suppliers may require some or all of your group to be at least a particular age, or for at least one person in each room to be of at least a particular age (some hotels in the USA for example impose a limit of 21 years old). We will endeavour to inform you of any such requirement at or before the time of booking. In the case of experiences, age and weight restrictions may apply for certain activities.
5.9. You will not earn Avios on purchases of ground services regardless of whether they are paid for in Avios or “Avios & Money” (Avios and cash).
6. The price
6.1. Prices are quoted in Avios and the local currency as determined by your country of departure.
6.2. Your accommodation price (if any) will usually include all Government taxes and compulsory service charges, however some destinations and/or hotels will require you to pay additional taxes and compulsory service charges whilst you are at the hotel e.g. City Taxes, Resort Fees etc. We will endeavour to provide you with information about any such charges at time of booking.
6.3. Hotel and apartment prices are per room per night, and are based on the dates and occupancy you specify to us at the time of booking.
6.3.1. Triple room rates can apply to either a full size triple room, designed to take three single beds, or to a twin/double room with an extra rollaway bed.
6.3.2. Hotel and apartment facilities, such as sports and leisure equipment, are not included unless otherwise stated in the hotel / apartment description.
6.3.3. Check-in at most hotels is around 2pm, with check-out by 11am, but this can vary by hotel, time of year and country. The price you pay us for a nights accommodation reflects the standard check-in and check-out times confirmed to you upon arrival at the hotel or apartment. Once at the hotel or apartment, should you wish to check-in earlier or check-out later, you may be able to do this for a charge payable locally, subject to availability. If you wish to guarantee an earlier arrival or later departure, we suggest you pre-book an extra night with us before you travel. Most hotels and apartments will allow you to leave your luggage in reception or their luggage room should you not have access to your room.
6.4. Car rental prices are total prices per car and are based on the booked dates and the duration of the rental period. For car rental inclusions and exclusions in the price we quote, please refer to relevant pages on ba.com for full details when booking, or your voucher. We draw your attention to this as there are specific requirements for car rental that will vary depending on the country in which you rent your car, such as minimum or maximum ages you need to be in order to drive and any excesses that may be applicable. You will be asked to acknowledge these at time of booking, and thereby are deemed to have read and agreed to them.
6.5. Charges for booking extra nights' accommodation or extra days' car rental after your arrival will be at the rate advertised by the hotel or car rental supplier. You cannot change or add additional days to experiences. Any new bookings will be charged at the rate as advised at the time of booking.
6.6. If you obtain a quote from us for a booking, but do not book it at the time, we reserve the right to increase or decrease the price at any time before you book. Once your booking is confirmed, the price is guaranteed and will not change should the same arrangements be sold subsequently at a higher or lower price.
6.7. The following are not included in the price:
6.8. Definitions of a "child" may vary by reference to age between our suppliers and will determine the price you pay for them.
6.8.1. A hotel's definition of a 'child' can and does vary, but is always advised at the time of booking. Unless otherwise specified, child prices where included are based on one or two children (using existing bedding or a rollaway or sofa bed) sharing a room with two adults. Child prices do not apply to single, triple or quad rooms, except where it is specifically stated that a family offer applies. Available room occupancy options and prices are determined at the time of booking based on the child ages you provide us with. If a rollaway is used to accommodate the child, a charge may be made locally. Child prices include the same meal basis as the accompanying adults, except where children stay free of charge, in which case no meals are included in the price (unless stated otherwise).
6.8.2. Infants under 2 years are generally accepted free in hotels, however not all room types are large enough to accommodate an infant's cot. Cots must be requested at the time of booking, and some hotels may charge a fee payable locally. We will advise the supplier of your requirements for a cot, but this request cannot be guaranteed. If we are advised by the supplier before you depart this request cannot be confirmed, we will advise you. Otherwise you will need to check when you arrive. In these circumstances, we strongly advise you to make your own arrangements.
6.9. The price of certain services, such as theatre tickets or special events, purchased through us may be higher than the face value of the tickets you will receive. We offer these services to give you the opportunity to book and purchase them in advance and without having to call overseas, send faxes, queue or risk unavailability at your destination and therefore we may charge you for this service.
6.10. Some bookings must include a minimum stay of 3 nights including a Saturday night to qualify for certain prices advertised by us.
6.11. Whilst we endeavour to ensure that the correct prices are displayed on our website and/or advised to you by our call centre, on very rare occasions there may be an incorrect price bookable. If there is an obvious error with the price at which you book (including where we have confirmed that booking) we will promptly notify you of that error and where possible you will be given the choice to retain the booking and pay the correct price within the time period indicated. Alternatively you can cancel the booking and receive a refund of any monies paid or select an alternative holiday, paying or receiving any difference in price to that originally paid. If you do not elect to retain the booking within the time period indicated we reserve the right to cancel the booking and will refund you any monies paid.
7. Changes or cancellations by you
7.1. To cancel your booking including where cancelling prior to rebooking (subject to availability and applicable charges), you will need to contact your local call centre for assistance, as these can not be carried out online at ba.com. For call centre details please go to Contact Executive Club.
7.2. If you wish to book extra services that were not included in your original booking (for example extra nights' accommodation) you can do so by contacting us, subject to availability of the additional services.
7.3. If an individual wishes to cancel from a booking, but not the entire party, this will require a cancellation and re-booking of the booking for the entire party (subject to the cancellation charges for the whole party) and any such re-booking is subject to availability. This may mean that the new booking you obtain is at a higher rate, different terms or that no booking is not available.
7.4. Amendments to your booking will be treated as cancel and re-book (subject to availability and applicable charges)
7.4.1. PLEASE NOTE: if you have made a booking and you then make a subsequent request for an amendment that it is not possible to amend the booking and it will require a complete cancellation (subject to the terms applicable to cancellations) and re-booking of the booking and any such re-booking is subject to availability. This may mean that the new booking you obtain is at a higher rate, different terms or that no booking is not available. For details of the cancellation terms please see clause 6.5.
7.4.2. If you are a resident of the EEA purchasing a Package, you are allowed (under the European Directive of Package Travel and Linked Travel Arrangements 2015) to amend individuals' names, subject to an amendment fee, and any additional charges made by the suppliers of the services (e.g. airline, hotel, car rental company, experience provider or transfer provider) to make the changes, which will be advised at time of enquiry. Any changes of the individuals named in the booking are conditional on the substitute individual accepting these booking conditions and otherwise satisfying all the conditions applicable to the Package. Name changes within 48 hours of departure are not guaranteed.
7.4.3. If you are not a resident of the EEA or you have not booked a Package, we do not permit name changes. This means any name change is treated as a cancellation and rebooking, and as such the cancellation charges as advised at time of booking will apply (see Clause 6.6).
7.4.4. Alterations to your airline ticket will be dealt with in accordance with the relevant airline's conditions of carriage and all relevant ticket conditions. Please note that some types of tickets may be non-refundable and non-changeable.
7.4.5. If you are a resident of the EEA and have purchased a Package, you may cancel your booking before the start of the Package without paying any cancellation fees in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity which significantly affect (a) the performance of the Package or (b) the carriage of passengers to the destination.
7.5. Cancellation fees
7.5.1. If you cancel your booking after your contract comes into existence, the following applies:
For cancellations by you, we will levy a cancellation charge. Our standard cancellation charges are set out at time of booking and are as follows (unless otherwise advised at the time of booking):
a. cancellation over 72 hours before commencement of relevant services: full refund minus applicable cancellation service charges notified to you at the time of booking and any offline service charges;
b. cancellation within 72 hours of commencement of relevant services (including “no shows” which are deemed as cancellations): 100% cancellation charge and any offline service charges.
The percentages referred to in the cancellation charges are percentages of the price stated on your confirmation email or letter, unless a fixed value is advised.
Cancellation penalties are levied by us in order to cover the charges we incur from our suppliers and our administrative costs and become payable immediately.
7.6. Cancellation fees
7.6.1. Cancellation charges will be applied to your booking as determined by the country of departure, the currency you booked in, and any special conditions attached to the product you have chosen. The eligibility to cancel and the actual charges applied will be clearly displayed during the booking process before you confirm payment. (If you have not completed your booking, you can view Cancellation Fees by closing this window). Should you require a copy, you should print this off now.
Once you have a confirmed booking, if you require a copy of the Cancellation Fees applicable to your booking, you will need to call British Airways to be advised what these are.
7.6.2. After departure, no refund will be made on any part-used itineraries. For example where you have checked out of your hotel early or returned your car rental early a 100% charge will apply.
7.6.3. Offline Booking Fees (where you have booked via a call centre and been charged a fee for this service), are non-refundable.
7.6.4. If you participated in the Carbon Offset scheme, this is non-refundable.
7.7. Charges for cancellations are calculated from the date we receive your request or notification.
7.8. We will only accept requests for cancellations from the person who made the booking.
7.9.1 It is not possible to amend the booking and it will require a complete cancellation (subject to clause 7) and re-booking and any such re-booking is subject to availability and the charges available at the time of booking.
8. Changes or cancellation by us
8.1. It is unlikely that we will have to change or cancel your booking. If we do make changes then we will inform the person who made the booking as soon as we reasonably can. We reserve the right to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you.
8.2. We will take reasonable steps to avoid having to cancel your booking. In the unlikely event that we are to cancel your booking we will notify you and we will provide a full refund.
8.3. We are only liable to you for cancellations or significant changes to your booking by us. A significant change is one that we make to your booking before your departure that affects an essential term of your contract. Examples of a significant change includes changes by us to:
a. your destination area;
b. your booked accommodation to that of an alternative property of a lower rating;
c. your departure times or accommodation occupancy periods by more than 12 hours.
8.4. Where your booking includes accommodation and/or flight, please note that the following is not a significant change:
a. A change of rating for the accommodation where the quality of the accommodation has not changed significantly since the time of the booking and the facilities are substantially as set out on our website or equivalent;
b. A change in the accommodation where substitute accommodation is offered in a similar location and at least equivalent quality (at no additional cost to you);
c. A change in the particular type of room booked where the substitute room is of at least equivalent quality.
d. A change to your flight departure time(s) where the revised or substitute departure time is less than 12 hours difference to the departing time.
8.5. We are not liable to pay you compensation even for significant changes to your booking if Clause 10.3 applies.
8.6. If we make a significant change to your booking then, whether compensation is payable or not, you have a choice. You may:
a. accept the changes;
b. accept substitute arrangements of equivalent or superior quality that we are able to offer you;
c. accept substitute arrangements of lower quality that we are able to offer you together with a refund of the difference in price between the original and the substitute arrangements;
d. cancel your booking altogether, in which case we will refund in full all Avios and money you have paid us for the booking.
8.7. You must tell us which one of the above choices (under Clause 7.6) you make within 7 days of being informed of the significant change we are making, or as soon as reasonably practicable if your departure is less than 7 days from the date you receive notification. If we do not receive notification from you about your choice you are deemed to have accepted the option in Clause 7.6(a) above.
8.8. Unless Clause 10.3 applies, you agree that if a significant change is made to your booking, whichever choice you make under Clause 7.6 above, we will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is, according to the usual course of things) from the significant change we make.
9. Your responsibilities
If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, you are behaving in a way which will cause or is likely to cause danger or distress or annoyance to others or damage to property, we may terminate your booking. If this happens, we will not pay you anything and you will be responsible for travel back to your point of origin. If we incur expense as a result of your behaviour you shall fully compensate us for that expense.
For your own protection, we strongly recommend that you and all members of your party have suitable insurance (including insurance to cover the costs of cancellation of your holiday and the costs of assisting you if you or your party has an accident or becomes ill) for the full period of your holiday. Please note it is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs. See Clause 13.
9.3. Passport and Visas
9.3.1. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
9.3.2. Information about which visa you need can be found at the iata travel centre or by checking with the country's embassy you are visiting.
9.3.3. If you are a British citizen, read the general information about passport and visa requirements for the Package you purchase.
9.3.4. If you are not a British citizen but you are a citizen of the EEA, further details of passport and visa requirements can be obtained by contacting Thames Consular on telephone number +44 (0) 20 7494 4957. If you are not a citizen of the EEA then you will need to make your own enquiries. 9.3.4. We are not responsible or liable to you if you fail to follow the correct procedures. You shall reimburse any penalties or expenses that we or the relevant carrier incurs as a result of your failure to travel with appropriate travel documents.
9.3.5. Information about which visa you need can be found at www.iatatravelcentre.com or by checking with the country's embassy you are visiting.
9.4. Health & Safety
9.4.1. It is your responsibility to ensure that you are fit to travel and participate in all parts of the services you have booked and undertake. It is also your responsibility to ensure that you can prove you have any necessary vaccinations for your travel arrangements. Consult your doctor about any health requirements for all destinations to which you are travelling before your departure. We are not liable if you are refused entry to any country or part of a country because you cannot prove that you have the necessary vaccinations or because you do not comply with the health requirements of your destinations.
9.4.2 Without prejudice to 9.4.1 above, if you are a citizen of the European Union, please note that you may be eligible for the European Health Insurance Card (EHIC).
9.4.3. Should you need to take any medication with you, it is your responsibility to check before travel that you are allowed to take it into the country you are visiting, as some countries do not permit certain medicines which may be widely accepted in your own country. You must also ensure you take any required paperwork or authorisation from your doctor that may be required.
9.4.4. When travelling to a different country, you should take responsibility for your own safety and well being as you would do at home. Examples would be (but not exhaustive); to ensure you secure any valuable possessions, do not leave children unsupervised on balconies or swimming pools, beaches are safe for swimming, adhere to any local laws and familiarise yourself with fire procedures for the accommodation in which you are staying. In some countries due to hotter climates and restaurants which are open sided, it is a way of life to have insects, small lizards, or birds visiting, and is not a reflection on the standards of hygiene and cleanliness. However, you should take sensible precautions especially with raw food, drinking bottled water, covering yourself up or applying insect repellent. You should also be aware that when travelling a change in climate or very cold drinks may result in an upset stomach, which is not necessarily the result of poor hygiene or food preparation.
9.4.5. We recommend that all British travellers check the Foreign and Commonwealth office to help stay safe overseas, and to make informed decisions about travelling abroad.
For essential travel advice and the latest information relating to specific countries check travelaware and follow @FCOtravel on Twitter and Facebook. For nationals of other countries, please check your own government's travel advice.
Read our safety-related travel advice. You can also contact the travel advice call centre on 0845 850 2829. For nationals of other countries, please check with your own government's travel advice.
10. Limitation of Liability
10.1. Avios Group (AGL) Limited, British Airways Plc, its subsidiaries and affiliates endeavours to ensure that the information displayed on ba.com relating to hotel, car hire and other travel products (including without limitation, photographs, descriptions of amenities, locations and maps, etc.) is accurate and up to date, they cannot guarantee the accuracy and therefore disclaim liability for any inaccuracies relating to the information and description of the hotel, car rental and other travel products displayed on ba.com (including, without limitation, photographs, description of hotel amenities, general product descriptions, location maps etc). In the event of a significant change relating to the information and description displayed, we will make best efforts to update the relevant information/descriptions and/or notify you of such changes.
10.2. Whilst we endeavour to ensure that the products, services, amenities, facilities and descriptions on our website offer accurate and up to date information, we obtain this information from our suppliers and so cannot guarantee this always to be the case. The information is given to provide a feel for the product you have booked. Whilst we constantly strive to achieve the highest standards of accuracy, we cannot be held responsible or liable if such content is found to be inaccurate. In the event that a significant change relating to the information and description displayed is notified to us by our suppliers, we will make best efforts to update the relevant information/descriptions and/or notify you of such changes.
10.3. There is no consistent global system of hotel and accommodation star ratings. Different countries have different standards; a 3 star hotel in one country is not necessarily equivalent to a 3 star hotel in another.
10.4. Changes are periodically added to the information held on our website and will reflect the latest information with which we have been provided. We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
10.5. We are unable to accommodate group bookings due to the additional premiums applied by many hotels. We will not be responsible for any additional charges incurred locally as a result of ten or more individuals travelling together as a group (even if booking under separate references).
11. Our liability
11.1. Subject to Clauses 11.3 to 11.11, Avios Group (AGL) Limited accept liability to you:
While (save in the case of Packages) we accept no responsibility for the standard of care in the supply of services by third party service providers, we will exercise reasonable skill and care in the organisation, co-ordination, facilitation and selection of service providers to provide the component parts of the booking.
11.2. Unless Clause 11.3 applies, you agree that, if a significant change is made to your booking, which ever choice you make under Clause 7.6 above, you will be entitled to receive on account of your losses the minimum compensation amounts set out below per booking, depending on when we notify you of the change. We will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is according to the usual course of things) from any significant change we make.
|Period before your Departure||Minimum compensation per booking (or local currency equivalent)|
|More than 48 hours||10,000 Avios points|
|Less than 48 hours||20,000 Avios points|
11.3. We are not liable to pay you compensation if we or our supplier(s) are hindered from providing part or all of your booking, or if there is any failing in performance of any part of your booking, due to unusual and unforeseeable circumstances beyond our control or that of our agents, suppliers or subcontractors that could not have been avoided even if all due care had been exercised or due to an event that we or our agents, suppliers or subcontractors could not (even with all due care) have foreseen or prevented.
The circumstances and events referred to above include (but are not limited to) the following:
11.4. We only accept liability in any event for loss or damage which is caused by us and which is of a kind which could reasonably have been expected at the time the booking was made. We are not liable for any additional services for which you pay our suppliers separately since these do not form part of the booking.
11.5. We do not accept liability where any failure to provide any services in accordance with the contract or any other form of loss or damage is due to your own fault or that of any party named on your booking, including any failure to comply with your obligations in this contract, or is the result of our compliance with any instruction, request or direction given by you.
11.6. Excursions (including sightseeing trips, events, concerts and tours) and other services or facilities which are booked or arranged whilst you are in-resort after you have departed for your holiday (“Resort Booked Excursions”) do not form part of your Package and are not governed by the Package Travel and Linked Travel Arrangements Regulations 2018. A Resort Booked Excursion purchased through our website or by calling us directly will be subject to our Terms and Conditions for that Resort Booked Excursion. For Resort Booked Excursions booked or arranged in a different way, your contract will not be with us but will instead be with the supplier of the Resort Booked Excursion and will be governed by their Terms and Conditions (which may, for example, be contained on a ticket or a receipt given to you by that supplier). Although we may use local representatives and suppliers to deliver elements of the Package to you, if these persons or companies arrange any Resort Booked Excursions for you, they will not be doing so on our behalf. We do not have any responsibility or liability for problems that may arise from a Resort Booked Excursion that was not booked through our website or booked by calling us directly.
11.7. You should make any complaints or claims in accordance with Clause 12 below. If we pay you or agree to pay you compensation you must give us or our insurers all the rights you have to take action against anyone else and you agree to provide us and our insurers with all due co-operation and assistance in respect of any such action we or our insurers take.
11.8. Air, sea, rail and road transport is subject to various international conventions that limit the liability of the carriers. Our liability is limited in accordance with all such international conventions to the extent to which they apply. A copy of the convention applicable to most international air carriage is available for purchase through the International Civil Aviation Organisation on +44 (0)161 499 0023 or download on the internet. Additionally, your booking may be serviced by carriers, hotels, car rental companies and other parties who have their own booking conditions of carriage and business and over whom we may have no direct control. Their booking conditions may strictly limit the circumstances in which compensation is payable to you by them and you agree to be bound by their booking conditions. Copies of their booking conditions are available on request.
11.9. Except in cases of death, injury or illness, our liability is limited to a maximum of three times your booking price attributable to the person affected. This maximum applies where everything possible has gone wrong and you prove that no benefit or enjoyment has been obtained. In all other circumstances we agree to pay compensation that is reasonable and proportionate for the reduction in value of your booking and any loss of enjoyment you prove subject to the above maximum.
11.10. If you encounter significant problems that are not our responsibility and/or are the result of something that happens other than in the course of the booking set out in your e-ticket receipt or confirmation letter as a result of which you suffer death, injury or illness, we will offer you reasonable and prompt assistance including assistance in sorting out any problem with the person responsible. This assistance is limited in money terms to £5,000 (or equivalent currency) per e-ticket receipt or confirmation letter and you must repay this if you are successful in any claim against the person responsible. You must notify us in writing of the steps that you intend to take against the person responsible within 90 days of the relevant occurrence and obtain our written approval which will not be unreasonably withheld.
11.11. These booking conditions shall not limit our liability to you for death, injury or illness.
12. Complaints and claims
12.1. We can usually sort out problems on the spot if we know about them. If you have cause to complain about the land arrangements of your holiday (hotel, car rental, transfers, experiences) please:
12.2. You should notify us in writing of all complaints as soon as possible and in any event no later than 30 days after your return home. This is to give us a reasonable opportunity to make appropriate enquiries and obtain evidence. If you do not follow this procedure it will make it harder for us to resolve your complaint and this could prejudice any claim for compensation that you wish to make.
12.3. You must in any event notify us in writing of any claim for compensation within 42 days of the claim arising.
12.4. If we are unable to resolve a complaint to your satisfaction, we can also offer you CEDR’s scheme for the resolution of disputes which is an impartial and independent arbitration service. You can also access the European Commission Online Dispute (ODR) Resolution platform at ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
13. Data protection
13.1. If you make a booking with us, Avios Group (AGL) Limited and/or British Airways Plc will record your personal details and this will be processed in accordance with the General Data Protection Regulations 2016 and the UK Data Protection Act. Your data will be used principally to meet your requirements. We retain the data you provide from time to time, including your purchase history and data we collect when you use our products and services. Your data may be used for the following purposes: accounting, billing and audit, credit or other payment card verification and screening, immigration and customs control, safety, security, health, administrative and legal purposes, statistical and marketing analysis, operation of awards schemes, systems testing, maintenance and development, customer relations and to help us in any future dealings with you, for example by identifying your requirements and preferences. For these purposes we may disclose your data to any of the following: Avios Group (AGL) Limited, other companies in the British Airways group and other companies involved in meeting your requirements, our Oneworld partner airlines and franchisees, data processing companies, travel agents, government and enforcement agencies, credit and charge card companies and screening service providers. This may involve sending your data between different countries, including countries outside the European Economic Area.
13.2. British Airways and other airlines are required by laws in the USA and other countries to give border control agencies access to booking and travel information. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
13.3. It may be a requirement when travelling to or from certain destinations that passengers must provide the airline on which they are travelling with certain passport and associated information prior to departure. If this information is required, you will be advised at the time of booking.
13.4. If you purchase travel insurance from us please note the specific data protection provisions notified at the time of booking such insurance.
14. Travel insurance
14.1. You are strongly advised to obtain travel insurance, as that may be able to assist in a situation where we are not liable.
14.2. Please note travel insurance can be purchased via ba.com when it is linked to a travel booking for some markets. Due to insurance regulations we can only sell travel insurance to you when you also purchase a flight or hotel accommodation from us. Travel insurance is subject to the terms and conditions indicated at the time of purchase.
14.3. Depending on your country of residence, British Airways sells travel insurance to you as an agent for:
14.3.1. Residents of the United Kingdom: Preferential Insurance Services Limited and Optimum Underwriting Limited who are professional insurance intermediaries, who are authorised and regulated by the Financial Conduct Authority (FCA). This policy is underwritten by Optimum Underwriting Limited on behalf of Europaische Reiseversicherung AG, Munich, Germany ("ETI"). ETI is licensed by BAFIN (Bundesanstalt fur Finanzdienstleistungsaufsicht) and approved by the Financial Conduct Authority (FCA).
14.3.2. Residents of the USA: BerkelyCare, who are a division of Affinity Insurance Group who offer insurance underwritten by National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania insurance company, with its principal place of business at 70 Pine Street, New York, New York 10270. It is currently authorized to transact business in all states and the District of Columbia. NAIC No. 19445.
14.3.3. Residents of Canada: Freedom travel Insurance is administered by North American Air Travel Insurance Agents Ltd., d.b.a. travel underwriters, a licensed insurance broker, 11th Floor, 6081 No. 3 Road, Richmond, BC, Canada V6Y 2b2. Insurance is underwritten by Industrial-Alliance Pacific Life Insurance company and certain Lloyd's underwriters, severally and not jointly.
14.3.4. Residents of Europe: British Airways travel insurance is underwritten by ELVIA Travel Insurance International N.V., Poeldijkstraat 4, 1059 VM Amsterdam, The Netherlands. Corporate Identification no 33124664.
14.4. Because British Airways acts as an agent we do not have responsibility or liability for the actions or omissions of the organisations named above. They are responsible to you for the travel insurance, and have the benefit of the Booking Conditions and the policy terms.
14.5. Travel insurance will NOT form part of any Package we sell to you.
Combine my Avios — Terms and Conditions
'Combine my Avios' allows you to redeem Avios held under one of the Iberia Plus, British Airways Executive Club or Avios Schemes (the “Programmes”) and to be issued with an equivalent number of Avios under one of the other Programmes.
'Combine my Avios' is hosted by the AGL.