Introduction
These are the legal terms and conditions (the “Terms”) which apply to your Booking with Travelgift Ltd, a company registered in England with registered office at Pera Business Park Nottingham Road, Melton Mowbray, LE13 0PB, with company number 8094339 and VAT number GB 137713216.
These Terms incorporate:
- our Privacy Policy, which sets out how we may use your data; and
- any Booking Confirmation and any specific conditions set out in it.
Please read these Terms carefully and make sure that you understand them before booking any Travelgift flights.
In these Terms, when we refer to “Travelgift” or to "we", " us" or "our flight partner", we mean Aviate Management Limted Limited and, in relation to your flight. When we refer to " you" or "your", we mean you as the Passenger or the Booker on a Booking.
In addition to these Terms, if you purchase Additional Services through us such as car hire, hotels, travel insurance, or an easyJet Holiday, specific terms and conditions will apply to those services. Those terms are shown at the time of booking and in your booking confirmation(s) for those services.
If a particular term in these Terms is invalid or inconsistent with any Applicable Law, the Applicable Law will apply, but the other terms will remain valid.
Flying with Travelgift
When you book a flight with us, your Booking and contract is with Aviate Management Limited. Your flight will however be operated selected airline. All flights are governed by their Terms.
1) Bookings
Making a Booking
- All Bookings must be made by someone over the age of 18.
- Flights can be booked directly with us through the Travelgift Website.
- A Booker can make a Booking on behalf of other Passengers, provided that the Booker must:
- accept these Terms on behalf of all the Passengers;
- take responsibility for managing and passing on any communications about the Booking, including these Terms, to all Passengers on the Booking;
- if the Booker is not a Passenger, provide us with the email and phone number of the main Passenger so we can contact them directly in the event of any disruption to their flight, such as delays or cancellations;
- have the consent of each Passenger to receive any refund (where applicable) due under the Booking; and
- acknowledge that any other Passengers on the Booking may make subsequent changes to it (as set out further in section 6.12 below).
When a Booking is confirmed
When you complete the order process with us, it is treated as an offer to contract with us. The offer is only accepted by us, and a contract formed, when we generate a Booking Reference in our systems. If you try to book but for any reason this fails and does not generate a Booking Reference, you will not have a valid Booking with us.
Your Booking Reference will be displayed on your Booking Confirmation which we will send to the Booker by email. Please check all the details carefully. You should contact us if anything is incorrect - see also section 6 (Making changes to your Booking).
If you think you have made a Booking but have not received a Booking Reference or Booking Confirmation, please contact us.
Cancellations of Bookings for certain behaviours
The airline reserve the right to cancel your flight or Bookings connected to you, deny you boarding or take other action to protect airline and thier systems, with or without prior notice to you, if:
- you cannot provide, upon request, contact information for the cardholder in order for us to carry out security checks;
- the cardholder did not authorise or disputes the authorisation of the payment and/or claims that the Booking is fraudulent;
- you have not paid (or the Booker has not paid on your behalf) the appropriate fares or any other outstanding charges related to your Booking;
- we reasonably suspect that the Booking, or any information provided in relation to the Booking (whether provided by the cardholder, the Booker or a Passenger) is fraudulent, deceptive, abusive or inaccurate; and/or
- we reasonably suspect that the cardholder, Booker or any Passenger on the Booking, is connected to any other fraudulent activity.
2) Fares, taxes, currency and payment
Our Fares
Fares are for your specific flights only. Our fares cover your air transport from airport to airport only and do not include ground transport or any other extras, unless stated otherwise.
Taxes and Charges
- When you make a Booking, the applicable Government Tax is passed onto you and is included in the total price you pay to us.
- In the unlikely event that the Government Tax increases after you have made a Booking, we may require you to pay the excess to enable you to fly. If we require you to pay the excess and you decline to do so, you may cancel your Booking and receive a refund of the fare. If the Government Tax decreases after you have made a Booking, you will be entitled to a refund of the difference.
- Other than Government Tax, we bear the costs we incur in providing your flight (such as fuel costs, airport charges, maintenance services etc.). We do not pass these third party charges on to you.
- Section 4.4 above does not apply to additional costs incurred as a result of your misconduct, breach or non-compliance with relevant requirements, which we reserve the right to recover from you (e.g. as set out in section 14.2).
Currency
(a) Our fares are payable in the currency shown at the time of Booking. If you add any flight extras (such as seating) or make changes by email, we will charge you fees in the same currency as your original Booking.
(b) You can choose to change the currency applicable to your booking before you book. Travelgift chooses the conversion rate that applies. This may differ to currency rates published elsewhere. Where you elect to change currency, the new total price will display in your chosen currency before you confirm your booking.
Payment
- Unless we tell you otherwise, the Booker must pay in full at the time of making your Booking.
- Payment methods may differ depending on the Website, payments should be made by major debit or credit card including One4all Giftcard. Cash, & Travelgift Card or other payment methods may not be accepted.
- Your bank or card issuer may charge you foreign currency or other transaction fees. We are not responsible for these fees.
- We may process your payment otherwise than in real time. If payment fails or is reversed for any reason after you have made a Booking, we may need to contact the Booker to request that payment is completed. If we do not receive payment in full either within 21 days from the time of Booking or at least six hours prior to your flight (whichever is sooner), we may cancel your Booking.
3) Refunds
Our fares and fees are non-refundable, so if you cancel, miss, or do not take your flight you will not receive a refund, except as stated in these Terms.
Cancellations within 24 hours of making the Booking
- If you cancel your Booking in full within 24 hours of making the Booking and airline allows, we will give you a full refund minus the cancellation charges. You can make this cancellation by email.
- However, please note that you are unable to cancel your Booking less than 2 hours before the scheduled departure time of the first flight (even if within 24 hours of making the Booking).
Cancellations due to serious illness or family bereavement
If you need to cancel:
- due to a serious or terminal illness: you are required to complete contact us by email. cancellation will be at discretion of the airline. Our team will review your case and if your circumstances qualify we may, in our discretion, offer you a refund or Travelgift voucher towards the value of a subsequent flight;
- due to a family bereavement: please contact our Customer Services Team by email as soon as you can. Our team will review your case and if your circumstances qualify we may, with the airline discretion, offer you a refund, fee waiver to change your flight or Travelgift voucher towards the value of a subsequent flight, to be used within twelve months. You may be asked to provide proof of these special circumstances.
Refund of Government Tax
If you balance, miss or do not take your flight, this does not affect the other flights on your Booking. You can claim a full refund of Government Tax for the flight(s) you do not take. You can do this by contacting our Customer Services Team.
Method of refund
- We will only pay refunds to the Booker using the original payment method or original Travelgift account, as applicable. If the original payment method or account is no longer available, we will refund to an alternative payment method in the Booker’s name. If you have booked through an Agent, they will be responsible for passing on any refund to you. We are not responsible for any fees the Agent may apply for processing the refund.
- A refund made to someone presenting themselves to us as the Booker using the necessary Booking and security details, and who we reasonably believe is the Booker, will be deemed a proper refund and we will not process any further claim for a refund by the Booker or any other Passenger on the Booking.
4) Making changes to your Booking
Our change fees are vary dependant on airline
Changing your flight
You can change your flight to another available flight if you pay the Flight Change Fee plus the fare difference, if any, for your new flight. This is calculated when you make the change.
Earlier return flight
On the day of your return flight, you may be able to change to an earlier flight dependant on airline the Earlier Return Flight Fee, without an additional fare difference. Please note:
- You can only do this if you have a return (not one-way) Booking and have flown the outbound on that Booking.
- You can only change to an earlier return flight from the same departure point to the same arrival point. This generally means the same airport. However we group some airports together so you can search from/to more than one airport in that group. For example, for London you can change to/from Gatwick, Luton, Southend or Stansted.
Passenger changes
- You can change the name of a Passenger on a Booking to someone else by paying a Name Change Fee. dependant on airline
- You cannot resell your ticket to someone else. We reserve the right to cancel any Booking, without a refund, if we reasonably believe it may have been resold or made available for resale (including, but not limited to, via any online marketplace).
Spelling mistakes
- It is important that your name is spelt correctly on your Booking Confirmation and boarding pass and that it matches the name on your travel document. If it is not, you will need to correct it as soon as possible.
- You can do this on our Website or our App (for changes of up to three characters only). If you cannot make the correction online, you can contact our Customer Services Team. We will not charge you to do this, as long as we reasonably believe you are correcting a mistake and not trying to change the Booking to someone else.
How to make changes
Our change fees depend on the airline. You can make changes:
- by sending an email
Additional Services
If you have booked Additional Services for your trip - such as car hire, hotels, transfers or travel insurance – you are responsible for making any necessary changes to those services if your flights change. We are not responsible for those other changes.
5) Travelling with Children and Infants
- For the purposes of these Terms, an "Infant" is a child under the age of two years old on the date of the flight and a "Child" is a child over the age of two years old and under the age of 16 years old on the date of the flight.
- We do not carry Infants who are less than 14 days old on the date of the flight.
- We only carry Infants or Children if they are travelling with an Accompanying Adult, who must be on the same Booking as the Infant or Child. Please contact our Customer Services Team if you need to add an Infant or Child to your Booking.
- Except as set out in section 7.6, Infants do not need a separate seat and may sit on an Accompanying Adult’s lap, and we charge a fee for such Infants. Fees and Charges are set by airline.
- For safety and operational reasons, certain seats are not available to be purchased for an Infant. Only one Infant per seating row may be booked to sit on an Accompanying Adult’s lap.
- You cannot be an Accompanying Adult for more than two Infants. If you are an Accompanying Adult with two Infants, only one Infant can sit on your lap. The other Infant must be seated next to you in a suitable car seat/restraint in a separate seat (which you have purchased in accordance with section 7.4). You can purchase separate seats for both Infants if you prefer
- If you are travelling with an Infant or Child, you must always take full responsibility for them throughout your journey. You must ensure that they are adequately and securely seated on board. Under no circumstance may you ask a passenger who is not on your Booking to accept responsibility before or during a flight for an Infant or Child.
- Document requirements for Infants and Children may vary from country to country. In accordance with section 11.10 (Documents and Other Information) below, it is your responsibility to ensure that all Passengers on the Booking are properly documented.
- On any one Booking, there must be at least one Accompanying Adult for every 10 Children.
6) Passengers requiring special assistance
Specific requirements
If you have special assistance requirements in relation to a disability or a medical condition, please add any requests at the time of making your Booking, so we can pass on the request to the relevant airport teams. You can also add a request after you have made your Booking – . Please make sure you let us know your requirements at least 48 hours before the scheduled departure time of your flight.
For safety reasons, if you have a disability or medical condition which means you are unable to do any of the following things:
- unfasten a seat belt
- leave a seat and reach an emergency exit unaided
- retrieve and fit a life jacket
- don an oxygen mask without assistance
- understand the safety briefing (including information communicated in accessible formats)
we require a Companion to accompany you on your flight. If your Companion does not already have a ticket for your flight, they can buy one at the same price as yours.
- When the number of passengers with reduced mobility forms a significant proportion of the total number of passengers carried they must not exceed the number of able-bodied persons capable of assisting with an emergency evacuation.
- Wheelchairs and mobility aids that weigh more than 60kg can only be accepted for travel if both arrival and departure airports can provide the facilities to load and unload the device. Notifying us at least 48 hours prior to your departure or at the time of Booking will enable us to establish this and use reasonable efforts to accommodate your needs.
- You and we must be reasonably satisfied that before you board the aircraft you are medically fit to fly. If you have any reason to suspect, or ought reasonably to know, that you have a condition which might be exacerbated by the normal operation of an aircraft and/or others on board or could cause you difficulty if you do not have medical assistance before the flight has ended, then you should not fly and we may not accept you for travel. If you have any doubt whatsoever you must seek professional medical advice before flying with us. Whenever you are aware of a medical condition of this type, but have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication), it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight as needed. We may ask you to produce written evidence of your fitness to fly before we can accept you for travel.
Pre-booked assistance
- If you are travelling with a wheelchair or have pre-booked assistance, please advise a member of our Ground Crew or proceed to the pick-up point provided by the Airport Authority when you arrive at the airport and they will organise the assistance for you. You should ensure that you arrive at the airport with sufficient time to go through airport security and get to the boarding gate in time for your flight. We recommend arriving at least 2 hours before your scheduled departure time.
- We will use our best endeavours to pre-board you in advance of other Passengers if you are at the boarding gate when the announcement for pre-boarding is made. You may be accompanied in pre-boarding by a maximum of one Companion and any siblings under the age of 16.
- The provision of assistance through the airport, onto the aircraft, off the aircraft and through the arrivals process at the destination is the responsibility of the relevant Airport Authority. Concerns about the level of service provided should be directed to the Airport Authority as appropriate.
7) Seating
- We operate an allocated seating system. You can select seats for a fee at the time of Booking or afterwards online. The fee varies depending on the seat category, the specific flight and when the seat is selected. All seats are conditional upon availability at the time you seek to select the seats. If you choose to select seats, you must do so for all Passengers on your Booking.
- Seat upgrades to an Up Front or Extra Legroom seat may be available on the flight subject to availability.
- For safety reasons, some seats are restricted and are not suitable for all Passengers.
- Except as set out in 9.6 and 9.7 below, all seat fees are non-refundable. If you change your flight and have paid for a seat on your original flight, we will try to offer you an equivalent seat on your new flight. If the new seat fee is higher than your original seat fee, you will need to pay the extra to select it. If the equivalent seat is not available, you prefer another seat, or you do not want to select one, you will not be entitled to a refund.
- The Airline reserve the right to amend your seat selection, whether before travel or on-board, for operational or safety reasons. Should they need to amend your seat selection, or if they rebook your flight as a result of a delay or cancellation, and are unable to honour that seat selection by providing a seat in the same or higher category that you have purchased, then you will be entitled to a refund of the seat fee.
8) Check-in and Advanced Passenger Information
- We are an online check-in only airline.
- Check-in opens 30 days before departure. Prior to arriving at the airport for your flight, you must check-in online and either print your boarding pass or download a mobile boarding pass (if you are flying from an airport where they are accepted).
- For travel to many countries, you will also be required to provide Advanced Passenger Information. You must ensure the information submitted is accurate and you must update it if it changes. You must travel using the documents you have submitted.
- If you change any details of your flight(s) after checking in online, if your flight has been cancelled or if you have transferred to another flight, you will need to check-in online again and print or download a new boarding pass. If you’re already at the airport when your flight is cancelled, please go to the bag drop where one of our Ground Crew they assist you.
- If you have any technical problems whilst checking in online please try again later. If you continue to have difficulties, please seek assistance checking in with the Ground Crew at the airport. This must be done prior to the bag drop Closing Time.
9) Airport Procedures
Arrival at the airport
- You must arrive at the airport sufficiently in advance of the scheduled flight departure time to complete bag drop (if you have Hold Baggage) on time, complete all government formalities and security procedures and present yourself at the gate on time. Procedures may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these formalities and procedures.
- You will need to present your boarding pass and all required travel documents. Please see section 11.10 (Travel Documents and Other Requirements). You must adhere to any security screening checks or procedures required by government or airport officials or by us. This includes all information we are required to produce to comply with Advanced Passenger Information requirements. You must also comply with all requirements in our biosecurity policy – This includes the need to wear a mask throughout your journey, and specific documents you must bring if you have a medical exemption. Airline may amend our biosecurity policy from time to time and will provide the latest updates on our Website. You must check and comply with the latest policy that applies to your flight and date of travel.
If you miss your flight
- If you arrive at the gate beyond the designated Closing Time for any reason, and/or you are unable to present your boarding pass and all required travel documents upon request, we may refuse to carry you and you will miss your flight.
- If you miss your flight, you can request a transfer to the next airline flight to the same destination that has availability by paying a Rescue Fee dependant on airline. To do this, you must present yourself, with valid documents, to our Ground Crew at bag drop at the airport within two hours following your missed flight’s scheduled departure time.
- We will not be liable for any costs you incur as a result of you missing your flight and you will not be entitled to any compensation or refund.
Travel Documents and Other Requirements
- Airline will require all passengers to provide photographic ID at bag drop and at the boarding gate for all flights including domestic services.
- Travel document requirements vary by route, your nationality and status. Document validity periods apply, which may be longer than your intended stay. Requirements may also differ for children and those travelling with them. Please note we cannot give advice on your specific circumstances.
- You are solely responsible for checking and complying with all Applicable Laws and document requirements (including entry and exit visas or permits, health, medical and other documents) of any countries you are flying to, from or through. You are also responsible for checking government foreign travel advice which may affect your trip.
- We shall not be liable to you in connection with obtaining necessary documents or your failure to comply with Applicable Laws, requirements or these Terms. Your submission of your Advanced Passenger Information does not mean that you are accepted or eligible to enter any state or territory. We reserve the right to refuse carriage to any Passenger we reasonably believe has not complied with, or whose documents we reasonably believe do not comply with, such requirements, or where we are instructed by government authorities to do so.
10) Right to refuse carriage
Airline may refuse to carry you and/or your Baggage, or remove you from a flight if you have already boarded, without any liability on our part, if we reasonably believe:
- you or your Baggage may put the safety of the aircraft or the health or safety of any person in the aircraft or airport in danger or at risk;
- you are drunk or under the influence of alcohol or drugs in the airport or on board;
- you have smoked or attempted to smoke in the airport (other than in permitted areas) or on board;
- you are in unlawful possession of drugs;
- your mental or physical state is a danger or risk to yourself, the aircraft or any other person on it;
- you have caused harm to, injured, or used threatening, abusive, insulting, discriminatory, obscene or lewd language or behaviour towards a member of our staff, Ground Crew or any Passengers
- you have made a bomb threat or other security threat;
- you have committed a criminal offence during the Booking process, the check-in or boarding process, at the airport or on board the aircraft;
- you are a hazard or risk to yourself or other persons or to property;
- you have not observed our instructions with respect to safety or security, either on board or at the airport.
- you have refused to submit to a security check of yourself or your Baggage;
- you have a medical illness or condition that requires a certificate from your doctor confirming your fitness to fly and/or confirming an exemption from the need to wear a mask, and you do not present a valid certificate, or otherwise you do not satisfy us that you are fit to fly
- you require specific assistance outside the services of the airline offers to people with a disability
- you are not properly documented;
- we are instructed to do so by government authorities (including in relation to your Advanced Passenger Information);
any documentation presented by you:
- has been acquired unlawfully or has been purchased from an entity other than us or our authorised agent;
- has been reported as being lost or stolen;
- is counterfeit or the subject of payment fraud; or
- has been altered by anyone other than us or our authorised agent, or has been mutilated, (and in any such case we reserve the right to retain such documentation);
- the person presenting themselves at bag drop or the gate cannot prove that they are the Passenger named on the Booking;
- you have tampered with, or deliberately caused damage to, the aircraft or any safety equipment, or have attempted to access any controlled areas without authorisation;
- that carriage of you and/or your Baggage may otherwise compromise safety or security; and/or
- such action is necessary in order to comply with any Applicable Law.
In any of the situations outlined in section 12.1 above:
- we may cancel any subsequent flights contained in your Booking (and no refunds will be paid in such circumstances); and
- we may cancel any existing Bookings and/or refuse to accept future Bookings for you for such length of time as we deem appropriate with regard to the circumstances.
11) Baggage
Cabin Baggage
- Save as set out below, you are permitted one piece of Cabin Baggage per Passenger.
your Cabin Baggage must comply with the allowance and maximum dimensions. If it does not, it will be placed in the aircraft hold and you will be charged the airport bag fee in accordance airline Fees and Charges;
- the standard allowance you can bring on board is one small cabin bag (max 45 x 36 x 20 cm) which must fit under the seat in front of you.
- in addition, you may bring on board one large cabin bag (max 56 x 45 x 25 cm, which must fit in an overhead locker) only if:
- you have purchased a large cabin bag for your flight; or
These options are not cumulative. The maximum possible cabin bag allowance for one person is one small cabin bag and (where entitled or purchased) one large cabin bag.
- availability and prices of large cabin bags for purchase may vary and is not guaranteed. If there is no availability, you will need to check your bag into the hold and the applicable hold bag fee will apply
- if you booked your flight before 1 December 2020 for travel after 10 February 2021 without an Up Front or Extra Legroom seat, you may use our Hands Free service where you can check in a large cabin bag (max. 56 x 45 x 25cm) for free at our bag drop only on presentation of your email invitation from us. Please do not bring your large cabin bag to the gate as it will be placed in the hold and you will be charged the airport bag fee.
- we check bag sizes before you board. If you bring any bag to the gate without the correct on board allowance, it will be placed in the hold (if we can accept it) and you will be charged the airport bag fee. The Airline accept no responsibility for any baggage you leave behind if it is refused at the gate. Please always ensure you remove any valuables, essentials such as medicine, and travel documents from any bags to be placed in the hold;
- an item of Cabin Baggage cannot exceed 15kg, and you must be able to lift and carry the item of Cabin Baggage safely without assistance. On occasion we may also need to impose a lower weight limit for operational reasons – in this instance your Cabin Baggage may be placed in the aircraft hold at no additional charge to you;
- an overcoat, shawl, umbrella or walking stick and one bag of goods purchased after you have cleared the security screening point at the departure airport may also be carried in addition to the allowance of one item of Cabin Baggage;
- you will be entitled to certain additional items if you are travelling with an Infant or Child in relation to medical equipment; and
- we may amend our Cabin Baggage Policy from time to time and will provide the latest updates on our Website. You must check and comply with the latest policy that applies to your flight and date of travel.
- Unless we tell you otherwise, you are prohibited for reasons of safety from operating on board any transmitting electronic equipment or similar devices except hearing aids and heart pacemakers. Any non-transmitting devices or transmitting devices where that function can be switched off can be used during the flight, subject to any Crew instructions.
- Sealed alcohol may be carried in your Cabin Baggage but you will only be allowed to consume alcohol on board that has been purchased from the on board Eat.Drink.Shop service.
Hold Baggage
- The Airline charge fees for each item of Hold Baggage. Fees depend on your flight and when you purchase the Hold Baggage. Fees are always higher for Hold Baggage added at the airport.
- You can purchase Hold Baggage during the Booking process or after Booking via email.
- You must check in your Hold Baggage at our bag drop desk. You must not take it to the gate. Hold Baggage must have your name or other personal identification securely attached to it.
- When you submit your Hold Baggage to us and if we accept it, we will take custody of it, and issue a Baggage Receipt for each piece of Hold Baggage. You must keep each Baggage Receipt as proof of having checked it in. At certain airports we operate Auto Bag Drop. If you use Auto Bag Drop, it is your responsibility to ensure you correctly attach the bag tags and submit your Hold Baggage in accordance with the instructions. You may not be issued a paper Baggage Receipt using Auto Bag Drop but we will record it in our systems.
- The Airline will ordinarily carry your Hold Baggage on the same aircraft as you unless for safety, security or operational reasons, we need to carry it on an alternative flight. If your Hold Baggage is carried on an alternative flight we will deliver it as soon as reasonably practicable to you, unless any Applicable Law requires you to be present for customs clearance.
- You must comply with our Hold Baggage size and weight limitations as set out in the airline Baggage Policy. The maximum acceptable weight for each single piece of Hold Baggage is 32kg. Hold Baggage which exceeds this weight will not be accepted for carriage. Any Hold Baggage that is outside allowed dimensions will be considered oversize baggage and you should contact our Customer Services Team for advice as to how the item may be carried.
- If you exceed your Hold Baggage weight allowance, you must pay an excess weight fee per kilogram, as set out Fees and Charges apply.
- If you are travelling with other Passengers under the same Booking, you may pool or share your total Hold Baggage allowance with any other Passenger in your Booking.
- You should not include in your Hold Baggage fragile or perishable items, money, jewellery, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples and we accept no liability for them save as stated in section 17.
- Freight or cargo items cannot be accepted as Hold Baggage.
Musical Instruments, Sports Equipment and Bicycles
We have special rules and fees for the carriage of musical instruments, sports equipment and bicycles. Please note that the fees for these special items apply even if they are within the dimensions of standard Baggage.
Failure to comply with our Baggage policies
If you fail to comply with any of our policies regarding the carriage of Cabin Baggage, Hold Baggage, musical instruments, sporting equipment or bicycles, or pay the relevant fees before check-in or boarding closes, we reserve the right to refuse you travel without payment of any refund or compensation to you.
No Refunds on Baggage Fees
Baggage fees will not be refunded once paid, even where you do not carry the items or weight paid for or where you cancel or change your flight. If you change your flight, your paid Hold Baggage allowance will apply to your new flight. Your Cabin Baggage allowance will depend on your seat selection for your new flight (see section 9.4). If you had purchased a large cabin bag but there is no large cabin bag availability on your new flight, you must not bring your bag to the gate. See our Cabin Baggage Policy for more information.
Dangerous Goods and Items Unacceptable as Baggage
You must not include in your Baggage the items listed below:
- items which are likely to endanger the aircraft or persons or property on board the aircraft (including but not limited to gas cylinders, flammable liquids and solids, poisons, radio active material, corrosives, firearms and explosives) without our consent.
- items which have not been properly packed in suitcases or other suitable containers in order to ensure safe carriage using ordinary care in handling;
- items the carriage of which is prohibited by Applicable Law;
- items which are unsuitable for carriage by reason of their weight, size or shape (including fragile or perishable items);
- live animals (including pets, insects, reptiles, or any other form of livestock), with the exception of recognised assistance dogs; and
- human or animal remains (provided that the carriage of human ashes in your Cabin Baggage is permitted if: (i) you inform us of your intention to carry the ashes prior to travel; (ii) you can produce a copy of the death certificate and the cremation certificate; and (iii) the human ashes are securely packaged in an appropriate sealed container within your Cabin Baggage allowance).
We may refuse to accept Baggage containing such items, and reserve the right to search your Baggage to determine whether you are carrying such items. For that purpose, we may search your Baggage in your absence if you are not available and may break any locks attached to your Baggage.
- If you are unwilling to comply with any search of your Baggage, we may refuse, without refund or other liability to you, to carry you and/or your Baggage. In the event that a search or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.
- If required, you must attend the inspection of your Baggage by customs or other government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement unless due to our fault or negligence.
- If you are in any doubt about what items you can take in the aircraft cabin or in the hold or where you should pack particular items then please call us in advance of your travel or ask at our Ground Crew at bag drop at the airport.
- Government and/or Airport Authorities may impose additional or more onerous requirements applicable to Baggage.These requirements may be changed at short notice, and will apply to your Baggage, even though they may differ from those set out in these Terms, Airline policies and/or your Booking Confirmation. Airline will try to let the Booker know as soon as we can, using the details we have been given in the Booking, if these requirements change between the time of your Booking and your flight. Where a government or Airport Authority allows more items to be carried than allowed by us, you remain bound by these Terms.
Collection and Delivery of Baggage
- You must collect your Baggage as soon as it is available for collection at your arrival airport. If you do not claim or collect your Baggage within 28 days of the time it was made available to you, we may dispose of it without any liability to you. If you are unable to collect your Baggage, we may at our discretion assist in making the Baggage available for delivery to you using suitable courier services, Any delivery fees will be at your own cost, which will be agreed prior to arranging delivery.
- Only the bearer of the Baggage Receipt, delivered to the Passenger at the time the Baggage was accepted (or the Passenger named on the Baggage Receipt in our system where the Passenger used an Auto Bag Drop), is entitled to receipt of the Baggage.
- If a person claiming the Baggage is unable to produce the applicable Baggage Receipt upon request, we will only deliver the Baggage to that person on condition that they establish to our satisfaction that they are the Passenger who checked in the Baggage or otherwise have the right to receipt of the Baggage, and if we require, they must provide security to ensure liability to us for any loss, damage or expense which we may incur as a result of delivering such Baggage to a person without such Baggage Receipt or identification.
- In accordance with civil aviation safety requirements, all flights are non-smoking. Passengers should note that smoking is strictly forbidden and measures will be taken to stop any Passenger smoking anywhere on board an aircraft.Conduct On Board.
- In accordance with Applicable Law, the captain is in command of the aircraft and every person on board must obey their lawful commands. Where Passengers misbehave, are disruptive, or otherwise cause problems, all our captains are given authority to resolve the issues as best they can in all the circumstances. This may include the use of physical restraint and, where possible, removal from the flight of such persons.
If you conduct yourself on board the aircraft or at the airport so as to:
- endanger the aircraft or any person or property on board or at the airport; and/or
- obstruct the Crew or Ground Crew in the performance of their duties; and/or
- fail to comply with any instruction of the Crew or Ground Crew; and/or
- use any threatening, abusive, discriminatory or insulting words towards the Crew or Ground Crew or behave in any of these ways towards the Crew or Ground Crew; and/or
- behave in a disorderly, unpredictable, unsafe, discriminatory or aggressive manner or in a manner to which another Passenger may reasonably object,
Airline may take such measures as we deem necessary to prevent continuation of such conduct, including your restraint or removal from the aircraft or the airport, as well as termination of your continued travel on a flight. You may be prosecuted for offences committed on board the aircraft or at the airport. You will be liable to us for all costs arising from your improper conduct on board the aircraft or at the airport. If a diversion has been necessitated by a Passenger’s behaviour, resolution of the issue may involve handing over those Passengers to security or legal enforcement agents at the diversion point.
If as a result of your conduct we decide to divert the aircraft for the purpose of offloading you, then you must pay to us all costs and expenses which we incur of any nature whatsoever as a result of, or arising out of, that diversion. If you cause any damage whatsoever or your actions cause us to incur any costs, we will hold you liable for any costs, damages or resulting liabilities incurred. We may take such action as we deem appropriate to recover such costs from you. Airline may also refuse to accept future Bookings for you in these circumstances until any costs outstanding are repaid.
12) Schedule Changes, Delays and Cancellation, APR 2019 and Regulation EU261
- Except for your rights under these Terms or Applicable Law, the flight times shown on our Website or elsewhere are not guaranteed.
- Airlines are not responsible for errors or omissions in timetables or other information released by third parties about the dates or times or operation of any flight
- At any time after a Booking has been made, we may need to change our schedules or cancel, divert, deny boarding or delay any flight. This may include changes for reasons of safety, required regulatory approvals, or for other commercial or operational reasons.
- If Airline make a cancellation or significant change, Airline will contact the Booker about this as soon as we reasonably can using the contact details we have in the Booking. If you are the Booker, it is your responsibility to contact all other Passengers on the Booking about any such change.
- The provisions governing cancellations, delays and denied boarding are set out in the Convention and (where applicable) APR 2019 or Regulation EU261. Nothing in these Terms affects your rights under such Applicable Law.
Passenger Delay
Under the Convention, our liability for damage caused to a Passenger by delay is limited to 5,346 Special Drawing Rights. Airline shall not be liable to you if we took all reasonable measures to avoid the damage or it was impossible to take such measures.
Damage to Baggage
Airline are not liable for any damage to your Cabin Baggage except to the extent the damage resulted from their fault.
- In respect of Hold Baggage, Airline shall be liable to you for its destruction, loss or damage during the time it was in their charge and to the extent that damage did not result from the inherent defect, quality or vice of the Baggage.
- Airline shall not be liable to you for damage due to over-packing or for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts, or other damage which does not prevent you from using the Baggage.
- If you make a special declaration of a higher value (up to £2,500) to us at bag drop when checking in your Baggage and you pay Airline the applicable fee, their liability shall be limited to the higher value. Airline reserve the right to check whether any value declared adequately reflects the Baggage content.
- Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgment or settlement.
- Airline are not liable in any event in respect of loss or damage to Baggage which is not permitted to be carried under these Terms or for any fragile, valuable, perishable articles or articles not packed in suitable containers that have been packed in your Baggage contrary to the requirements of section 13.17.
General
- Other than as specified in these Terms, we are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the Convention.
- Airline are not liable for damage arising from our compliance with any Applicable Law, or from your failure to comply with the same. In the event of any claim for damage, delay or loss, we may make use of all defences of contributory negligence applicable under the Convention.
- Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, employees and representatives and any person/entity whose aircraft is used by us and such person's/entity’s agents, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us and from such agents, employees, representatives and person/entity and such person's/entity’s agents, employees and representatives shall not exceed the amount of our limit of liability, if any.
Airline shall not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising. Unless expressly provided in these Terms, nothing shall waive any exclusion or limitation of our liability under the Convention or other Applicable Law and to the extent consistent with the Convention, in no event will our obligations exceed any liability specified in these Terms.
Nothing in these Terms excludes or limits, or intends to exclude or limit: (a) liability for death or personal injury caused by our negligence or (b) liability for our fraud or fraudulent misrepresentation; or (c) liability that cannot be excluded or limited by Applicable Law.
13) Travel Insurance and Insolvency Protection
Because Airline liability is limited, you should always ensure you have adequate insurance cover for your entire travel, including to cover the value of your Baggage and its contents and any medical risks.
Claims Procedures
Personal Injury or Death claims
If:
- you have a claim for personal injury; or
- your personal representative has a claim for your death,
you or your personal representative, as applicable, should tell us in writing as soon as possible.
Baggage Claims
- If your Baggage is damaged, lost or delayed during a flight, you must advise a member of our Ground Crew at the arrival airport as soon as you are aware that it has been damaged, lost or delayed.
- If you receive your Baggage without making a complaint, this will be reasonable evidence that the Baggage was delivered in good condition and according to these Terms, unless you prove otherwise.
- If your Baggage is delayed for more than 24 hours on an outbound flight, you can spend a reasonable amount on essential items, for a maximum of three days. To claim this allowance you must submit a claim in writing to the Airline within 21 days of the relevant flight. All claims must be supported by documentary evidence (e.g. receipts) of the necessary purchases made.
- In any event, any claim for damage to, loss or delay of Baggage must be made in writing to Airline within the following timeframes:
- in the case of damage to Baggage, as soon as you discover the damage after you have received the Baggage, and at the latest within seven days; This includes supporting documentation such as photographs of the damage; and
- in the case of delay, within 21 days from when the Baggage has been made available to you.
APR 2019 and Regulation EU261 Compensation Claims
In relation to claims for compensation under APR 2019 or Regulation EU261 (as applicable):
- Passengers must submit claims directly to Airline and allow us 28 days (or such time as required by Applicable Law, if less) to respond directly to them before engaging third parties to claim on their behalf.
- save as set out in 19.6.3 and 19.6.4 below, we will not process claims submitted by a third party if the Passenger concerned has not submitted the claim directly to us and allowed us time to respond, in accordance with section 19.6.1 above;
- subsections 19.6.1 and 19.6.2 above will not apply to Passengers who do not have the capacity to submit claims themselves. The legal guardian of a Passenger who lacks capacity may submit a claim to us on their behalf. We may request evidence that the legal guardian has authority to submit a claim on the Passenger’s behalf;
- a Passenger may submit a claim to us on behalf of other Passengers on the same Booking. We may request evidence that the Passenger has the consent of other Passengers on the Booking to submit a claim on their behalf;
- in any event, except for 19.6.3 and 19.6.4 above, Airline will not process claims submitted by a third party unless the claim is accompanied by appropriate documentation which shows us the authority of the third party to act on behalf of the Passenger;
- Passengers are not prohibited by this section from consulting legal or other third party advisers before submitting their claim directly to us; and
- in accordance with our procedures, any compensation payment will be made to the nominated bank account held by a Passenger on the Booking. We may request evidence that the bank account is so held by the Passenger concerned.
Limitation of Claims
- Any action in court to claim damages and/or compensation under a Convention must be brought within two years of the date of arrival of the aircraft at its destination, or the date on which the aircraft was scheduled to have arrived, or the date on which your carriage by Airline ceased. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
- For claims under APR 2019 and Regulation EU261, the limitation period is determined by the law of the court where the case is heard. In England and Wales, this is six years from the date of the relevant flight.
Customer complaints procedure
For general queries or complaints, please contact traveling Airline
Alternative Dispute Resolution
If Airline have been unable to resolve your complaint, you may be able to refer your complaint to AviationADR within 12 months of our final response. They are approved by the Civil Aviation Authority to provide an independent review of complaints and dispute resolution services. Their details are: AviationADR, 12-14 Walker Avenue, Stratford Office Village, Wolverton Mill, Milton Keynes, MK12 5TW, telephone 0203 540 8063 and website www.aviationadr.org.uk.
Assignment
You may assign any right to compensation, damages or refund you may have against us only where the right is assigned to:
- natural persons who are registered as Passengers on your Booking; and/or
- if you are a member of a travel group, to other Passengers of that travel group; and/or
- if the Passenger is a minor or otherwise not legally competent, to that Passenger’s legal guardian(s); and/or
- assignment or subrogation of the claim is required by Applicable Law.
Except as set out above, you agree not to assign any right to compensation, damages or refund against us and that any other assignment shall be invalid.
14) Data Protection
- We control the ways and the purposes for which your personal data is processed by us and we are the “controller” for the purposes of the data protection laws that apply to us, including EU Regulation 2016/679 (General Data Protection Regulation or GDPR).
- We process your personal data in accordance with our Privacy Policy. For more information on the personal data that we collect about you, how we protect it, how and why we process it, who we disclose it to and what your data protection rights are, see our full Privacy Policy.
- Please ensure that the contact details of the Booker and any Passengers provided to us are correct, and update them us immediately if they change. You can do this via our Website or App.
15) Definitions
The following terms shall have the following meanings when used in these Terms:
Accompanying Adult means an adult Passenger of at least 16 years of age who is on the same Booking as an Infant or Child and accompanies them on a flight;
Additional Services means services we offer other than our flight services;
Advanced Passenger Information means additional information (including your travel document details) to be provided as part of the check-in process, which we are required by law to pass onto government authorities prior to your travel;
Agent means a third party who provides a service to passengers to flights on their behalf, such as travel agents, tour operators or corporate booking tools;
Airport Authority means the owner and/or operator of an airport at which we operate flights from;
Applicable Law means all laws, statutes, regulations, bye-laws, mandatory codes of conduct and mandatory guidelines, including the Convention, applicable to the Booking, your travel with us and any other services we provide to you under these Terms;
APR 2019 means the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019;
Auto Bag Drop means the automatic baggage tagging and check-in machines that we operate at certain airports;
Baggage means your personal property accompanying you on your trip, including Cabin Baggage and Hold Baggage;
Baggage Receipt means a document issued by us to identify each piece of your Hold Baggage;
Booking means a booking for one or more Travelgift flights (with any Additional Services if applicable) which is accepted by us in accordance with section 3.8;
Booking Reference means the alphanumeric locator we issue to the Booker to confirm and identify each Booking;
Booker means an adult of at least 18 years of age who makes a Booking on behalf of all Passengers in that Booking;
Booking Confirmation means the confirmation page and/or email from Travelgift to the Booker which includes your Booking Reference and sets out the details of your Booking and any special terms and conditions applicable to your Booking;
Cabin Baggage means any Baggage you take with you on board your flight (including items such as handbags, briefcases and laptop bags) and which is not Hold Baggage (if we check any of your Baggage into the aircraft hold at check-in or at the gate, it becomes Hold Baggage);
Child has the meaning given to it in section 7.1;
Closing Time means the relevant check-in, bag drop or gate closing time for your flight, as shown in your Booking Confirmation
Companion means a Passenger of at least 16 years of age who in the event of an emergency is physically able to assist a Passenger who requires special assistance;
Convention means whichever of the following instruments are applicable:
a) the Warsaw Convention 1929;
b) the Warsaw Convention as amended at The Hague on 28 September 1955;
c) the Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); and
d) the Montreal Convention (1999),
as supplemented by the Guadalajara Convention (1961) where applicable;
Crew means our cabin and/or flight crew who operate our flights;
Hold Baggage means Baggage of which we take custody for stowage in the aircraft hold and for which we have issued a Baggage Receipt;
Infant has the meaning given to it in section 7.1;
Passenger(s) means any person or persons on a Booking carried or to be carried on an airline flight (other than members of Crew);
Regulation EU261 means Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights;
Special Drawing Rights means an international monetary unit of account fixed by the International Monetary Fund; and
Website means travelgift.uk where Bookings can be made.