LUCKYTRIP TERMS & CONDITIONS
Version 3.0 - 27 February 2020
These terms and conditions govern your access to and use of this mobile application and any other LuckyTrip branded or controlled website or section of a website (including, without limitation, a LuckyTrip Facebook page or Twitter account) (the 'Mobile application’), any 'LuckyTrip' branded applications (the 'Apps’),and services, features and applications offered by LuckyTrip Ltd (the “Services”) as updated from time to time. Other services or materials operated or provided by LuckyTrip may be subject to other terms and conditions, which will be indicated to you prior to use. These terms and conditions constitute a legal agreement between you and LuckyTrip (the 'Agreement'). Please read them carefully before using the Services. By downloading, accessing or using the Services in any way, you are confirming that you have read and understood these terms and conditions and have agreed to be bound by them. LuckyTrip may amend these terms and conditions at any time at its discretion. If these terms and conditions are amended, LuckyTrip shall display the revised terms and conditions on the Services. You will be deemed to have accepted any amendments if you continue using the Services after the amendments are displayed. If you do not agree to comply with these terms and conditions or any amendments to them, please stop using the Services immediately.
1. USE OF THE SERVICES
1.1 LuckyTrip operates and controls the Services and provides them to you in its absolute discretion.
1.3 LuckyTrip may withdraw or change the Services at any time in its absolute discretion, including, but not limited to, suspending access to the Services, inserting advertising in the Services and limiting the number of flight prices that can be accessed using the Services.
1.4 In consideration of LuckyTrip permitting you to use the Services, you agree to comply with these terms and conditions. All other uses of the Services other than as set out in these terms and conditions are prohibited.
2. RESTRICTIONS AND UNAUTHORISED ACTIVITIES
2.1 Your permission to use the Services as set out in paragraph 1 above is conditional upon your compliance with these terms and conditions and is subject to the following restrictions:
(a) you must not access or in any way exploit any underlying data, code, content or other material provided by LuckyTrip in conjunction with the Mobile application or Apps.
(b) you must not copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, or store any Content, including without limitation photos, images, text, music, video, audio, podcasts, data, software, source or object code, algorithms, analysis, formulas, or any other information available on or through the Service, including by an automated or manual process or otherwise;
(c) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services; and
(d) you must not (and must not authorise others to) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Mobile application or Apps other than as permitted pursuant to paragraph 1 above.
(e) you must comply with all laws and regulations when using the Services and must not use them for illegal or illegitimate purposes.
(f) you must not use the Services in any manner whatsoever that may prejudice or damage LuckyTrip's business.
(g) you must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services.
(h) you must not use the Services in a way that could damage, disable, overburden, impair or compromise LuckyTrip's systems or security or interfere with other users.
(i) you must not infringe our intellectual property rights or those of any third party in relation to your use of the Services.
(j) to the extent that the Mobile application is hosted on a third party mobile application (for example, Facebook or another social media mobile application) and there are separate terms and conditions of use relating to that third party mobile application, you agree to fully comply with such terms and conditions.
2.2 You acknowledge and agree that any flight and pricing information provided on the Services is made available by LuckyTrip's suppliers and partners. By using the Services, you agree that price quotes made for you or on your behalf may be displayed to other users of the Services. LuckyTrip recommends that you read the terms and conditions of use of any mobile application operated by any third party before purchasing transportation or accommodation or any other products or relying on information contained in them.
2.3 To the extent that you do not own the device(s) on which you access the Services, you will be assumed to have obtained permission from the owners of that device(s). You acknowledge that you and they may be charged by your and their service providers for internet access on the devices and that LuckyTrip shall not be liable in any way for such costs.
3. LUCKYTRIP'S PROPERTY
3.1 All intellectual property rights including, but not limited to, the LuckyTrip brand, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Services (together, the 'Intellectual Property Rights') are owned or licensed by LuckyTrip. You acknowledge that rights in the Services are licensed (not sold or otherwise transferred) to you and that by using the Services, you will not acquire any right or interest in Services or in the Intellectual Property Rights. You further acknowledge that you have no right to have access to the Apps in source-code form.
3.2 You shall not:
(a) remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Services or pass off or attempt to pass off the Services as the product of anyone other than LuckyTrip.
(b) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Services or any part thereof.
3.3 You acknowledge that the Services includes content, pricing information, data and brand names owned by LuckyTrip's partners ('Partner Materials'). The restrictions at paragraph 3.2 above shall apply equally to Partner Materials.
3.4 By using the Services, you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in them.
3.5 You shall ensure that no disruptive computer program code, virus, 'denial of service' or 'spam' attack, worm, Trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto the Services.
4. BOOKINGS - TERMS & CONDITIONS
The terms and conditions set out in this section are related to all bookings made through LuckyTrip Services.
4.1. YOUR COMMITMENT TO US
When you make a booking you are confirming that you understand and have accepted on behalf of yourself and all members of your party our Important Holiday Information that forms our booking conditions. All contracts with LuckyTrip Ltd are made subject to these booking conditions and are subject to English law and the jurisdiction of the English Courts or, if your booking was made in Scotland, to Scottish law and jurisdiction. Many airlines now require the full name of all passengers travelling. LuckyTrip Ltd will therefore ask you at the time of booking to provide us with your first forename (as shown in your passport) as well as your title and surname.
4.2. OUR COMMITMENT TO YOU
For bookings made outside of the UK or indirectly via Third Party Travel Products, LuckyTrip is not a travel agent and is not responsible for the information displayed, travel routes provided, or the controlling of prices applicable to, any of the travel options or products which you find and book via our Services. As such, Third Party Travel Products are provided by independent travel agents, airlines, hotels, tour operators or other third parties and are subject to the terms and conditions of those third parties. LuckyTrip shall incur no responsibility or liability regarding bookings made via third parties and it is the the customers responsibility to check itinerary and all other booking information. For bookings made directly with LuckyTrip, your contract is with LuckyTrip Ltd. We will arrange to provide you with the various services, which form part of the holiday you book with us. A booking is not accepted until LuckyTrip issue a confirmation invoice. The date shown on the invoice which will be sent to you is the date of booking. It is important to check the details on the invoice when you get it. In the event of any discrepancy please contact us immediately. The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked with us and for your repatriation in the event of our insolvency.
4.3 FLIGHT INCLUSIVE PACKAGE BOOKINGS (ATOL BOOKINGS)
ATOL License 11412 for LuckyTrip Ltd
All the flights and flight-inclusive holidays available are financially protected by the ATOL scheme. After payment you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.
4.4 YOUR FINANCIAL PROTECTION
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we 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 monies 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).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
4.5. PAYING FOR YOUR HOLIDAY
At the time of the booking you will be required to pay the full balance for your holiday. This holiday cost is non-refundable.
We strongly recommend that you have full travel insurance to cover your holiday. This is not included in the price of your trip and if you decide not to take this, you do so at your own risk.
4.7. IF YOU WANT TO CHANGE YOUR HOLIDAY
Bookings made through LuckyTrip cannot be changed by you nor can they be cancelled or refunded. Notwithstanding this, if you wish to cancel or make a change to your booking, then we may at our discretion, use reasonable endeavours to assist you to make the required change. We give no guarantee that any such attempts will be successful. The travel provider may charge a cancellation or amendment fee (as shown in their terms and conditions), which may be as much as 100% of the cost of the travel arrangements. If it is possible to make the change, it will be subject to an administration charge and payment of any further costs incurred as a result of the change. Scheduled airlines normally regard name changes as a cancellation and require rebooking and any alteration may incur a 100% cancellation charge in respect of the airfare.
4.8. IF YOU WANT TO CANCEL YOUR HOLIDAY
If you or anyone on your holiday booking decides to cancel the holiday you must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24-hours by the person who made the original booking. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24-hours of the original notification. The cancellation charge will be 100% of the total holiday cost.As previously noted, we would strongly recommend you take out full insurance, which will in most cases include cover, under certain circumstances, against cancellation fees.
Due to the bespoke nature of the holiday, we are not able to specify on the website the airline or aircraft type that we will use. We will inform you of the airline we plan to use in your quote, but we reserve the right to change airline or aircraft types at any time (see amendments by us). Such changes will not be regarded as a major change for the purpose of these booking conditions and you will not be entitled to cancel the holiday or holidays booked using this website without paying the appropriate cancellation charges (see cancellation charges). Some flights may have to stop en route and as factors affecting this are not always known before departure, we cannot always notify you in advance, although we will always endeavour to do so. Planned flight times will be given in the documentation you receive, although these are for guidance only. Please check your final itinerary as soon as you receive it, as it will show the final timings for your flight (we recommend you re-confirm flight times with the airline shortly before departure for any schedule changes). Flights are subject to the granting of permits and licenses by authorities, both in the UK and Overseas. In the event of your flight arrangements being changed or cancelled, as outlined in this section, we accept no liability for extra costs or consequential loss, arising directly or indirectly from any independent contract arrangement, between the client and a third party. Please note that the captain of the aircraft has absolute authority over the aircraft and passengers at all times, when they are boarding or on board the aircraft. He can refuse to carry anyone if they are, in his opinion, unfit for any reason to travel or may pose a danger to the aircraft or other passengers. If you or any person for whom you are booking is refused carriage in these circumstances, the contract with us will terminate immediately and we will have no further responsibility of liability to you. Arrangements in the event of travel delay are the responsibility of the carrier.
4.10. IF WE CHANGE YOUR HOLIDAY BEFORE YOUR DEPARTURE
It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. Occasionally, changes may have to be made (e.g., to itineraries, accommodation or other arrangements), which we reserve the right to do at any time. If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar rating. If a significant change becomes necessary, we will inform you as soon as reasonably possible if there is time before your departure.
(a) Compensation will not apply if payment of your holiday has not been received by LuckyTrip Ltd by the stipulated payment date or there are any pending issues such as chargebacks pending on your payment.
(b) Changes due to circumstances beyond our control - Compensation will not be paid if LuckyTrip Ltd are forced to cancel or in any way change your holiday as a result of unusual or unforeseeable situations outside our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft type, Force Majeure events including but not limited to: war or threat of war, civil strife, industrial disputes, natural disasters, bad weather, epidemic or terrorist activity.
4.11. IF WE CANCEL YOUR HOLIDAY
We reserve the right in any circumstances to cancel your holiday for any reason. However we will endeavour not do so unless it is due to circumstances beyond our control. If we have to cancel your holiday we will offer you:-
(a) Alternative travel arrangements of equivalent or of very closely similar standard and price, if available or (b) A full refund of all monies paid. The exception to this is where flights from a low cost/budget airline have been included in your holiday (including but not limited to Easyjet, Ryanair, Jet 2, British Airways (Domestic/Europe), Aer Lingus, Iberia, KLM, FlyBe, Germanwings). The cost of your flight in this instance will be non-refundable.
4.12. ACCOMMODATION IN THE TROPICS
In many hotels, especially beach resorts ‘insects’ in the rooms (e.g. cockroaches etc.) are almost inevitable. It should by no means be taken as a sign of dirtiness, simply a fact of life in these destinations. Views from some hotel rooms may be partly obscured by palm trees and other vegetation that can grow very quickly in tropical climates.
4.13. WATER SPORTS & OTHER ACTIVITIES
Many hotels offer water sports and other sporting activities, in some cases these may be free of charge. Please note that in the interest of your personal safety, the operators of these activities may require that you demonstrate your competence (for example a swimming test) prior to commencement and reserve the right to refuse participation for any reason if they feel this may compromise your or another guest’s safety.
Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation will be paid.
Please note that some hotels make small, daily, local charges for additional room facilities e.g. an in-room safe, resort facilities and on-site parking (resort fees). These charges are not pre-payable and may not be included in your holiday price but are advertised at hotel check-in and payable locally. Other destinations have a city tax levied by local authorities and can only be paid locally at your hotel.
If your holiday includes a stay in an apartment, often you will be asked to pay a refundable deposit on arrival at the property (which will be refunded on your departure). Apartments may also charge a cleaning fee. We will do our best to inform you of these fees if they are made available to us. Any failure to inform you of these charges will not result in any compensation being due to you.
4.16 LOST ITEMS
If you lose any personal items whilst on holiday, please obtain a written report from a local representative or police, to help with any insurance claim upon your return.
If you have cause for complaint whilst on holiday, you must bring it to the attention of the hotel immediately. They will do their best to rectify the situation. If your complaint cannot be resolved locally, you must advise us in writing on your return. Please write to us at LuckyTrip Ltd, 13 St Johns Church Road, London, E9 6EJ. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with.
If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for the remainder of your holiday not completed, or assist with any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
If you wish to travel abroad you must hold a ten-year passport, even for a day trip. Apply in good time to the UK Passport Office 0870 521 0410. For non-UK residents you should contact your consulate or embassy. Ensure your passport is valid for the duration of your trip. Some countries have an immigration requirement for a passport to remain valid for a minimum period (usually six months) beyond date of entry to the country. This is a requirement of the country concerned, not the UK Passport Office. Any questions should be addressed to the relevant consulate or embassy. Foreign Nationals and all non-UK passport holders must check with the appropriate consulate or embassy before travel.
You may require a visa to enter the country you are travelling to. For all visa enquires contact the consulate or embassy of the country you plan to visit. If you are a British Dependent Territories Citizen, British Overseas Citizen, British Subject, British National Overseas, or a British Protected Person, you may need a visa that is not required by British Citizens. Foreign Nationals and all non-UK passport holders must check with the appropriate consulate or embassy before travel.
You will be responsible for checking and confirming any Visa requirements. Please visit www.fco.gov.uk for more information.
4.21. MEDICAL ADVICE
Some countries impose health restrictions and require vaccination certificates. These can vary from time to time and country to country (e.g. BSE &Bird Flu or Yellow Fever &Malaria). Under certain circumstances you may not be allowed to travel if you fail to meet certain requirements. It is your responsibility to ensure that you and your party are aware of, and abide by, all restrictions. You should check with the appropriate consulate or embassy before travel. LuckyTrip Ltd is not qualified to give specific personal medical advice regarding vaccinations, inoculations or any other form of treatment you may need. We strongly suggest that you consult your doctor or qualified medical professional before travel. General advice regarding all aspects of foreign travel is available from The Foreign & Commonwealth Office on 0845 850 2829, or follow the link at www.fco.gov.uk
4.22. DATA PROTECTION POLICY
5.1 By using the Services and hence accepting these terms and conditions, you warrant and represent to LuckyTrip that:
(a) you will not use the Services other than in accordance with these terms and conditions.
(b) you will not use the Services in any manner which may cause damage to LuckyTrip or bring LuckyTrip into disrepute.
(c) your use of the Services will not infringe the rights of any third party.
6. DISCLAIMER OF LIABILITY
6.1 Your use of the Services is entirely at your own risk. While LuckyTrip will endeavour to ensure that the content of the Services is up-to-date and accurate, LuckyTrip cannot guarantee the reliability or accuracy of the content contained in them and you should not rely on such content. You are responsible for the security of any data stored remotely on the electronic device used to access or use the Services and LuckyTrip accepts no liability in respect of any loss or damage to such data.
6.2 LuckyTrip makes no representations and does not warrant to you that the Services:
(a) are accurate, complete or up to date;
(b) will always be available;
(c) are secure or is free from errors, faults or defects.
6.3 Although there is currently no charge for the use of the Services, LuckyTrip expressly reserves the right to charge for use of the Services or any part of them at a later date.
6.4 This Agreement sets out the full extent of LuckyTrip's obligations and liabilities in respect of the Services. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Accordingly, any condition, warranty or other term concerning the supply of or failure to supply the Services which might for this paragraph.
6.5 You should always obtain professional advice before making any decision which is prompted by the Services or information you have been provided by LuckyTrip that may have legal or financial implications.
6.6 To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of LuckyTrip or in respect of fraud or fraudulent misrepresentation) LuckyTrip does not accept any liability for:
(a) any inaccuracies or omissions in the content of the Services, or
(b) any loss, damage, cost or expense of any kind incurred by you arising in connection with your access to, use of, or inability to use, the Services or any content contained in them, and by using the Services, you release LuckyTrip from all such liability.
6.7 LuckyTrip makes no representation that materials or information on the Services are appropriate or available for use in locations outside the United Kingdom and accessing or using the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Services from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
6.8 Owing to the nature of the Internet and the fact that your access to the Services involves functionality outside LuckyTrip's control, LuckyTrip is not responsible for technical problems that you may experience with the Services.
7.1 You will be responsible to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group arising out of your use of the Services or breach of these terms and conditions and, where you are a business, you agree to keep us fully and effectively indemnified from and against the same.
8.1 LuckyTrip may in its absolute discretion immediately terminate this Agreement upon notice to you. LuckyTrip may suspend your use of the Services without notice at any time, without incurring any liability to you whatsoever.
9. CONSEQUENCES OF TERMINATION
9.1 Immediately upon termination of this Agreement:
(a) you will not have the right to use the Services and all permissions set out in paragraph 1 shall cease.
(b) you shall immediately delete any information received or used by you which relates to the Services, including deleting any cookies and copies of the Services and, where requested by LuckyTrip, confirm in writing that you have done so.
11. LEGAL REMEDIES
11.1 You acknowledge that the unauthorised use of the Services may result in irreparable damage and injury to LuckyTrip and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, LuckyTrip, its affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of the Services.
11.2 Nothing in these terms and conditions shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that LuckyTrip, its affiliates and/or licensors may have.
12. INFRINGEMENT OF YOUR COPYRIGHT
12.1 We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Services, please send a notification of the infringement using the ‘Send Feedback’ function on the Account page of the Services.
13. GENERAL PROVISIONS
13.1 The invalidity or unenforceability of any provision (in whole or part) of these terms and conditions shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these terms and conditions.
13.2 These terms and conditions are personal to you. You shall not be entitled to assign this Agreement in whole or in part to any third party without LuckyTrip's prior written consent.
13.3 These terms and conditions represent the entire agreement between LuckyTrip and you and supersede any previous arrangements.
13.4 Any failure by LuckyTrip to enforce any of the terms of these terms and conditions shall not be considered to be a waiver of them or the right to subsequently enforce any terms of these terms and conditions.
13.5 Irrespective of the country from which you access or use the Services, your use of the Services is governed in accordance with the laws of the United Kingdom and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of the United Kingdom.
14.1 If you require further information about LuckyTrip or have any suggestions concerning how to improve the Services, please contact us at us by using the ‘Send Feedback’ function on the Account page of the Services.