Terms and Conditions
Terms and Conditions
Terms and Conditions
Booking Conditions (for bookings made after 1 July
References to “Travel Arrangement(s)” in these Booking Conditions are to the accommodation, flights, transport, and other services we feature on our website. References to “Supplier/Principal” means the third party supplier of the Travel Arrangements including but not limited to accommodation providers, transfer providers, car hire companies, and airlines.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:
- has read these Booking Conditions and has the authority to and does agree to be bound by them;
- is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf. However, where you make a booking of multiple Travel Arrangements in such a way as to create a package holiday, we will accept responsibility for that as a “Multi-Contract Package” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (please see clause 2 below for further information as to the circumstances in which we will be acting as a Package Organiser).
As a result of the above, our obligations to you may vary depending upon which Travel Arrangements you book with us, and whether you book a “Single Component Booking” or a “Multi-Contract Package” and we have tried to set them out below as clearly as possible:
- Section A contains the conditions that will apply to all bookings you make with us, whether Single Component or Multi-Contract Package;
- Section B sets out the additional terms and conditions that will apply only when you make a booking with us for a Multi-Contract Package.
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Your Contract
When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Travel Arrangements, as specified on your confirmation invoice. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and we advise you to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you.
All bookings are subject to availability at the time of booking. We do not guarantee that any of the Travel Arrangements we advertise will still be available at the time of booking. We will inform you as soon as possible after placing an order if, for any reason, the Travel Arrangements you have sought to book with us are not available.
Unless you are paying for your holiday Travel Arrangements in cash, in which case see the paragraph below will apply, by clicking to book and entering your personal and payment details on our website/App, you are requesting us to make an offer to the Supplier/Principal to purchase the Travel Arrangements on your behalf. At this point we immediately re-contact the Supplier/Principal. Each Supplier/Principal will still require a short period of time to confirm that your chosen Travel Arrangements are still available. The order summary email sent to you is NOT contractual acceptance of the Supplier/Principal’s ability to provide these Travel Arrangements, it is an acknowledgement that we have received your offer, and should the Travel Arrangements be available as detailed on our website/App then, once you have a received your order confirmation, you have entered into a legally binding agreement to purchase these Travel Arrangements subject to the Supplier/Principal’s terms and conditions, and these Booking Conditions.
If you are paying for your Travel Arrangements in cash, by clicking to book, entering your personal details and requesting the “pay by cash” option on our website, you are requesting that we generate a barcode which will allow you to make a payment to us in relation to the Travel Arrangements you have selected. When we receive confirmation that you have made your cash payment, we will make an offer to the Supplier/Principal, as detailed in the paragraph above.
Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a booking confirmation email with a booking reference number.
As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Travel Arrangements provided by the Supplier/Principal, unless we have sold those Travel Arrangements in such a way as to create a Multi-Contract Package (please see clause 2 for further information), in which case we will accept responsibility for those Travel Arrangements in accordance with Section B of these Booking Conditions.
2. Multi-Contract Package Bookings
Where your booking is for a Multi-Contract Package, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions.
A “Multi-Contract Package” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:
- transport; or
- accommodation; or
- rental of cars, motor vehicles or motorcycles (in certain circumstances); and
- any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
This is called a Multi-Contract Package as you still have contracts with each of the individual Supplier/Principals providing the Travel Arrangements, however we, sunshine.co.uk Limited, will accept responsibility for this booking as a Package Organiser.
IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Multi-Contract Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started. These bookings will be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs.
Where you have booked a Multi-Contract Package, we still act as agent on behalf of the Supplier/Principals of your chosen Travel Arrangements but we will comply with our legal obligations under the PTRs as your Package Organiser and these are outlined in Section B of these Booking Conditions. This does not prejudice or otherwise affect our agency status with Supplier/Principals.
When you make a booking, you will have the opportunity to review/confirm all the details of the booking before making payment. Once you have reviewed and confirmed these details and made payment of the appropriate sum, we will proceed to make the booking with the Supplier/Principal.
Group Bookings: If larger groups want to be sure of sufficient availability for any Travel Arrangements they should call our contact centre. If two parts of the same group book online on two separate bookings and availability expires between the two bookings we regret therefore that we are unable to cancel the first booking without applying cancellation charges (see clause 11 below).
In resort transfers: unless you have reserved a transfer separately during the booking process or subsequently, no flight or hotel booking includes a transfer. Please ensure that the hotel you have selected is accessible from the airport you have chosen to fly to. At times the hotel suppliers or airlines involved in your booking may offer a free of complimentary resort transfer. We will pass on this offer to you however the provision, delivery and services standards of this transfer are the responsibility of the hotel/airline provider and the third party involved in their delivery.
In order to book your chosen Travel Arrangements, you must make payment as outlined in this clause, or otherwise requested by the Supplier/Principal of the Travel Arrangements. You must also pay all applicable insurance premiums and booking fees.
Payment on booking
You are required to make full payment at the time of booking in the following circumstances:
- when you make a flight only booking (for all airlines unless otherwise stated); and
- when you make any booking within 28 days of your departure date; and
- when you book for Travel Arrangements with a non-refundable hotel.
For all other bookings, you are required to pay a non-refundable deposit at the time of booking.
You can pay for your Travel Arrangements in instalments. We will tell you when you book with us how many instalments will be involved, the amount of each instalment and the payment due dates. This will be confirmed in your booking paperwork. Our administration fee of £4.95 (which covers our administration costs for managing multiple payments) will be payable in relation to each instalment and is clearly displayed when you make your booking.
Should you wish to pay for your Travel Arrangements in full at the time of making your booking you are entitled to do so and may be entitled to a discount for doing so.
Payments of instalments due must be received by Sunshine no later than the payment due date confirmed on your booking paperwork. Where you fail to pay us of your own accord, the last card added to the system will be automatically debited for the amount due. If this card fails and we hold other cards against your order we will also attempt to debit the outstanding amounts from those cards. If you wish us to debit an alternative card then please contact our customer service department or log on to manage your booking and make payment with the alternative card BEFORE the payment due date.
To increase security around payment collections, when you make a payment we store tokens (created from your card details so that we do not hold your card information) to make any subsequent instalment collections automatically. We will always attempt to collect money from the last card you used first.
We may accept payment in cash and when this is an available option it will be displayed on our website/App and you will be able to select “Pay with Cash” at the checkout when booking your holiday. If you select to pay for your holiday in cash, a barcode will be generated and you will be provided with instructions via email so that so that you can make payment for your holiday in cash at a local participating retailer (the names and addresses of participating retailers can be found via our website/App). You will receive a receipt from the retailer in respect of any cash payments you make and this is your evidence of payment, so please keep this in a safe place. Provided you make your cash payment to a participating retailer and obtain your receipt, your cash payment is treated as a payment made to Sunshine.
Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal concerned, with the exception of bookings covered by an ATOL. Any money paid to us in respect of a booking covered by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the consumer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.
The local authorities in certain countries may impose additional taxes (tourist tax, etc), which have to be paid locally (e.g. at the hotel). You are exclusively responsible for paying such additional taxes.
5. Failure to make payment
Where you are paying by instalments, you have a legal obligation to pay us each instalment on the payment due date specified at the time of booking and in your booking confirmation. Should we be unable to collect an instalment from you on the date on which it is due, we will contact you to enable you to make payment. Should we be unable to contact you or to collect payment within a reasonable timeframe, we reserve the right to cancel the booking made on your behalf and you will forfeit all monies paid by you for such booking. In addition, if for any reason we do not receive payment, we may be required to notify the other Supplier/Principals who may take the decision to cancel your booking and charge the cancellation fees set out in their terms and conditions. In these circumstances you will be liable to lose all monies previously paid.
Rejected Orders booked within 3-7 days of departure: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by our system or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Travel Arrangements that you wish to book before you make your booking. Where the Travel Service or price has been listed incorrectly and the booking has already been confirmed, we reserve the right to cancel the booking and refund all monies paid to you.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Travel Arrangements at the time of booking.
Many Supplier/Principals require you to take out travel insurance as a condition of booking with them. As per clause 13 (COVID-19), it is a condition of booking with us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect your booking. We strongly advise that your insurance also covers you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for diving/extreme sports/adventure travel and all other activities you have booked.
If you choose to travel without adequate insurance cover, neither the Supplier/Principal nor we will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
9. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier/Principal is not confirmation that the request will be met.
10. Fitness to Travel and Medical Conditions
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.
Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.
11. Changes and Cancellations by You
Any cancellation or amendment request must be sent to us by accessing your booking online and will be processed by our Amendments Team. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee as set out in the table below. We will notify you of the exact charges at the time of amendment or cancellation.
|Requested Change||Administration Charge|
|In flight extra requests after booking confirmation e.g. pre booking seats or adding hold baggage||Supplier/Principal’s Charge + £30.00 administration fee per booking to Sunshine|
|Change of hotel||Cancellation of original hotel + cost of new hotel + £80.00 administration fee to Sunshine|
|Change of dates||Cancellation of original holiday + cost of new holiday + £80.00 administration fee to Sunshine|
|Change of title, initial, first name or surname after booking confirmation||Supplier/Principal’s Charge + £30.00 administration fee per person to Sunshine|
|Add Passengers to the booking||Supplier/Principal’s Charge + £50.00 administration fee per person to Sunshine|
|Remove Passengers from the booking||Supplier/Principal’s Charge + £30.00 administration fee per person to Sunshine|
|Cancellation of booking inside of 28 days||Supplier/Principal's charges + £150.00 administration fee to Sunshine|
|Cancellation of booking outside of 28 days||Supplier/Principal's charges + £30.00 per person, with a maximum charge of £150.00 to Sunshine|
- Some Supplier/Principals do not allow changes and therefore full cancellation charges will apply;
- Administration fees are non-refundable in the event you cancel your booking.
12. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Travel Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative travel arrangements offered by the Supplier/Principal but we will have no further liability to you.
Where you have booked a Multi-Contract Package, additional terms and conditions apply to your booking, please see clause 27 for further details.
We both acknowledge and agree that the COVID-19 pandemic has affected travel throughout the world and that we both have responsibilities to comply with various laws, regulations and guidance issued by governmental or regulatory authorities which seek to manage the risks caused by COVID-19. In the light of these risks, it is a condition of booking with us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect your booking.
You acknowledge that laws, regulations and the Supplier/Principals providing your holiday (such as airlines, train operators, cruise operators, hoteliers and other service providers) may require you and employees of the Supplier/Principals to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-masks and gloves and abide by social distancing requirements. There may also be limitations on the number of persons who may use facilities or services at any particular time, limitations on the availability of certain facilities and services (e.g. buffet and self-service restaurants may be replaced by a-la-carte, spas and pools may be closed), requirements to pre-book facilities and services, sanitisation and other hygiene requirements.
You also acknowledge that certain Supplier/Principals, ports, airports, border control or other third parties may require you to undertake certain health formalities or satisfy other requirements aimed at managing the COVID-19 risk as a condition to you travelling, departing, entering or residing in a particular place. You agree that it is your obligation to obtain details of these requirements ahead of your travel departure date and comply with and satisfy these requirements. If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or the use of some other facility or service which forms part of your booking. We shall not be liable to you for any refunds or compensation in relation to such matters.
You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon return.
We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing. In the UK, the Foreign and Commonwealth Office’s latest advice for travel to other countries is available here https://www.gov.uk/foreign-travel-advice.
If you notify us before travelling, and we (or the relevant Supplier/Principal) conclude that you are no longer able to travel because of the COVID-19 risk, then your booking will be treated as having been cancelled by you and our standard cancellation charges will apply. We will, however, explore with you whether it is possible for you to postpone your booking to a later date, which may incur further charges. It might also be possible for you to transfer your booking to another person, subject to the terms of transfer set out in these Booking Conditions.
If you notify us during travel, you acknowledge that we or your Supplier/Principals (or local laws and regulations) may require you to follow certain measures designed to manage the risk of COVID-19 and may refuse to provide you with the relevant service(s). You may, for instance, be required to self-isolate for a period of time. You agree to comply with these requirements. In this instance, we will provide you with such reasonable assistance as we are able to in the circumstances. However, we will not be responsible for meeting any costs incurred by you or for refunding or compensating you for the curtailment of your holiday, cancelled or rebooked transportation, additional accommodation or other associated costs you incur in connection with the same.
We both agree that the measures set out above are a necessary part of keeping you, other travellers, employees and the public safe on holiday. You are making your booking in full knowledge that such measures are likely to be a part of your holiday and do not amount insignificant or significant changes to your booking, nor do they amount to any Failure (as defined in clause 30).
We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to travel or make use of all or part of your booking because of these matters. These are risks which you must protect through obtaining comprehensive travel insurance.
As the contract for your Travel Arrangements is between you and the Supplier/Principal, any queries or concerns about your Travel Arrangements should be addressed to them in the first instance. If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.Important: claims/complaints about injuries or illness
In the unfortunate event that you suffer an injury or an illness while you are on holiday, and you believe this is the fault of one of the Supplier/Principals, it is very important that you notify the Supplier/Principal while you are on holiday.
Accommodation providers will not accept claims for illness or injury unless the issue is reported to the hotelier at the time whilst in the hotel. You will often be asked to sign a document agreeing to a specific claims process when you arrive at a hotel. This is as a result of an increasing number of fraudulent claims being received.
Since 2013, there has been more than a 500% increase in the number of compensation claims for holiday sickness with tens of thousands of claims in the past year. Evidence suggests many of these claims may be exaggerated or fraudulent. If we believe any claim to be fraudulent then action may be taken in the hope of protecting those with genuine claims.
If you remain unsatisfied, you can inform us, in writing by emailing Sunshine [email protected] immediately on return to the UK and, in any event, within 28 days of your return whereby we will endeavour to assist in our capacity as an agent by liaising with the Supplier/Principal on your behalf.
You can also access the European Commission Online Dispute (ODR) Resolution platform at http://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.
15. Our Responsibility for your Booking
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Please Note: Where you have booked a Multi-Contract Package we will accept responsibility for that Multi-Contract Package as a package organiser and additional terms and condition apply. Please see clause 30 for further information.
16. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, air traffic control strikes, flight cancellations and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
17. Visa, Passport and Health Requirements
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
18. Law and Jurisdiction
These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
19. Accommodation Ratings and Standards
All ratings are as provided by the relevant Supplier/Principal or are Sunshine’s own average ratings based on our industry knowledge and customer feedback. Our own ratings are clearly marked and are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given. We have made reasonable efforts to establish the official rating of the accommodation and include this within the description of the accommodation on our website.
20. Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Travel Arrangements or any other services please contact us.
20. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 16).
22. Your Behaviour
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Supplier/Principal’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
23. FlightsFlight times and tickets
Flight times shown are provisional and may be subject to change, as per the booking conditions. You should ensure that you have your flight reference number which will be required for check-in. The flight reference and check-in procedures are included in the booking confirmation email we send to you. Some flight providers will require this check-in procedure to be carried out online. Failure to check-in online will result in check-in fees at the airport which you will be liable to pay for.
The flight information advertised comes from all the major airlines. The data is regularly updated. Seat availability and pricing is at the operator's discretion and is subject to availability. Please be aware that prices can fluctuate.Luggage and other flight extras
All airlines have a standard hand luggage allowance which is included in our online prices. Allowances differ significantly from airline to airline. The allowance you are entitled to will be shown in the booking conditions of your airline which are displayed at the bottom of your documentation. Where you require additional luggage allowance this can be added to the booking prior to checkout and paid for.
Certain airlines consider hold luggage to be an optional extra. When you are booking with an airline that does make a charge for luggage it is not included or displayed in our head line prices and the option to add this extra facility will be offered to you at the time of booking. The luggage allowance will be dictated by the airline in question and can again vary. Should you choose not to take any hold luggage on your trip then you will receive the standard hand luggage allowance as detailed in the airlines booking conditions. This will normally be between 5 and 10kgs. Bags must be no larger than the dimensions allowed by the airline in question for carry-on luggage. For further information please refer to the airline booking conditions.
Our online prices do not include in-flight meals.
Please note where flight extras (such as bags and meals) are added at or after the time of booking they cannot be removed, cancelled or refunded.
Please note, generally airlines have a policy that bookings are non-refundable.
We will purchase the flight seats on your behalf directly from the airline. In the case of some airlines, we will use the payment details you provide to purchase the flight seats on your behalf and you agree that we can use the payment details you provide to do so. Where this is the case, you will see two separate transactions on your card statement; one will be for the cost of your flights with the airline and the remainder will be your payment to Sunshine including our service fees.Multiple airlines, triangular flights and 2 x one-way flights
Where we book a multiple airline, triangular flight (different UK airports for outbound and inbound e.g. fly out of Manchester and fly in to Liverpool) and or 2 x one-way flights on your behalf we will be making two separate flight bookings with two separate flight suppliers or at times the same flight supplier. In certain cases in order to ensure our prices are as competitive as possible for all customers, we will book a return flight (same airline, same route) as 2 one-way flights - one booking will be for the outbound leg of your flights and another for the inbound leg of your flights. When making a multiple airline or triangular flight booking the different UK airports will be displayed throughout the booking process and a multiple airline logo will be shown.
You will see two flight vouchers displayed on your paperwork, two flight references and at times two separate flight suppliers booking conditions. This does not affect your travel arrangements in any way and you simply use the correct voucher to check-in for each leg of your journey.Scheduled flights
Our website/App offers scheduled flights from all the major airlines. Please note that in certain cases these flights may be indirect and fly via other airports. The flight display will show the take- off time from the departure airport and the landing time into the destination airport correctly. Where an in-direct flight is offered full details of any flight stopovers will be made clear to you at the time of booking. Please note many scheduled flights are non-amendable and non-refundable once booked.Ryanair Seating Reservations
Ryanair have introduced a policy of mandatory seat reservations for parties travelling with one or more children under the age of 12 on the date of travel. This means that for every four children (or less) on a booking, one adult MUST have a reserved seat at a cost of £4. The children will then also be allocated a reserved seat at no additional cost.
Sunshine.co.uk will implement this policy by booking a single seat reservation on the flight for ONE adult in a party and up to four children. Parties with more than four children will have an additional adult seat reservation made for a further £4.
24. HotelsHotel Booking Procedure
Unless otherwise requested at the time of booking, standard internationally accepted practice dictates that your accommodation will be booked from the day that you depart the UK for the required duration. The dates and times of your accommodation booking will be included on your accommodation voucher (please check this carefully). After registration, on arrival at your accommodation, you will be allocated a room. When travelling on flights departing the UK after midnight, your room will be reserved from the previous day. You must normally check-out of your room by 12 noon on the day before a night flight home or on the departure date for an evening flight. We will request a late check-out for the room, however, this is not guaranteed. If we were not to book the hotel until the day that you land (for flights landing in the early hours of the morning), you would not be able to access your room for several hours after your arrival in the hotel. Your flight details are included in the booking details we pass to hotels so hotel staff should be aware of your flight timings. They will also be notified on your booking that you require a late check-out. Most hotels provide this late checkout facility. This will usually incur a small charge payable on the spot (it is impossible for us to prepay this charge) and should be requested at the start of your stay so as to avoid disappointment."Kids Included" Policy
Our "Kids Included" policy applies to selected hotels only, which are subject to availability. Prices for adults may change according to the number of adults booked per room. Where there is only one adult per booking, you may be liable to pay a single occupancy supplement for the room you choose. This supplement may range from 10 to 100% of the standard room rate, meaning that the price for the room may be the same as if there were 2 adults per booking. In addition, prices may vary according to the board basis of the booking and/or the ages of the children included in the booking.
Sunshine's pricing policy means that the price you see displayed on the hotel page is the price you pay per adult for the whole room. Children are included in this price so there are no additional room costs to pay for them. Some Supplier/Principals may impose a limit on the number of children that can stay in each room. This is not controlled by Sunshine in any way.Non-Refundable Rooms
If you book a non- refundable room you will not be able to cancel nor amend your booking and no refund will be available. Deposit payment options are not available on bookings which include non- refundable rooms. Full payment is required at the time of the booking.
25. Holiday Checklist
Before you travel on holiday you are required to complete your 'Holiday Checklist' which can be found in the 'My Bookings' area of our website. The Holiday Checklist is available for completion at least 2 weeks before you travel. We will send you an email notifying you when your Holiday Checklist is available for completion.
We will send you regular reminders that your Holiday Checklist needs to be completed in the period before your departure. You must have completed your Holiday Checklist at least one week before you depart.
If you have not completed your Holiday Checklist one week before your departure we will contact you by telephone. If we complete the Holiday Checklist for you over the telephone this may incur an administrative charge of up to £5.00 per booking.
26. Assignment of claims
In the event that you or a member of your party has a direct legal claim against a Supplier/Principal for a refund, compensation or other loss or damage, and we agree to pay such sum to you (whether as a result of a concurrent legal obligation which we have to you or otherwise), you agree that upon such payment being made you shall assign your rights, title, interest, and benefit in and to such legal claims to us upon our request.
You agree that you will not assign or otherwise transfer any of your legal rights or claims against us which arise out of or are in connection with your booking or these Booking Conditions except as otherwise permitted in these Booking Conditions.
27. Chargebacks and claims against Travel Providers
Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”). Rather, your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.
You agree that if you initiate a Chargeback or make a demand for payment from a Supplier/Principal, we shall be entitled to take such steps as we consider reasonable to ensure that you are not paid twice for the same claim. This may include suspending any obligations we may have to pay you under these Booking Conditions (or otherwise) until the Chargeback or claim against the Supplier/Principal has been finally determined and the time limit for any challenge or appeal has expired.
SECTION B: MULTI-CONTRACT PACKAGE BOOKINGS
This section only applies to Multi-Contract Packages (please see clause 2 for further information) and should be read in conjunction with Section A of these Booking Conditions.
28. Transferring Your Multi-Contract Package Booking
If any member of your party is prevented from travelling on their Multi-Contract Package, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the Travel Arrangements making up the Multi-Contract Package;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an administration fee of £30 per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these Booking Conditions, the Supplier/Principal’s terms and conditions and all other requirements applicable to the Travel Arrangements making up the Multi-Contract Package.
- You and the transferee remain jointly and severally liable for payment of all sums.
If you are unable to find a replacement, cancellation charges as set out will apply in accordance with clause 11. Otherwise, no refunds will be given for passengers not travelling or for unused services.
29. If You Cancel your Multi-Contract Package due to Unavoidable & Extraordinary Circumstances
If you have booked a Multi-Contract Package, you have the right to cancel your confirmed Multi-Contract Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and which significantly affects performance of the Multi-Contract Package or your transportation to the destination. In these circumstances, we shall provide you with a refund of the monies you have paid but we will not be liable to pay you any compensation.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means a situation beyond your control and the consequences of which could not have been avoided even if all reasonable measures had been taken. This might include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. However, whether these situations amount to “unavoidable and extraordinary circumstances” will depend on the particular situation.
The Foreign and Commonwealth Office (“FCO”) issues travel advice which is available at the website described in clause 17 above. We take this advice into account when determining whether the cancellation rights described in this clause 28 have arisen, but this is not the only factor we consider. The FCO advice may not highlight any issues which significantly affect the ability of the Supplier/Principal to perform the Travel Arrangements included in your Multi-Contract Package, or it may be that arrangements can be made to address any issues highlighted by the FCO. If that is the case, then you will not be entitled to exercise the cancelation right described in this clause 28.
IMPORTANT NOTE: FCO ADVICE AGAINST TRAVEL OR ALL BUT ESSENTIAL TRAVEL DUE TO COVID INFECTIONS
The FCO is currently advising against all but essential travel to a number of travel destinations as a result of the COVID-19 pandemic (“FCO COVID Advice”). This advice is changing regularly and it is quite possible that, by the time of your departure, such FCO COVID Advice may be in place in respect of your travel destination and a quarantine period may apply upon your return.
Please note that if the FCO COVID Advice applies to your chosen destination at the time of your departure, it is likely that your Travel Arrangements will still be operating and available to you. In that case, provided that performance of the Travel Arrangements included in your Multi-Contract Package are not significantly affected by COVID-19, the cancellation rights described in this clause 29 will not apply.
If you do wish to cancel in these circumstances, the cancellation terms set out in clause 11 shall apply. However, we will refund any money paid towards your hotel and transfer costs and waive our administration fee for doing so, but your flight will depend on your airline’s cancellation policy. If your airline provides a full or partial cash refund, we will pass this on to you once we receive it. If your flight is non-refundable, you should check whether you can claim this under your travel insurance.
30. Changes and cancellation of your Multi-Contract Package by the Supplier/Principal and us
Where you have booked a Multi-Contract Package and the Supplier/Principal makes a change to or cancels the Travel Arrangements which form your Multi-Contract Package, the provisions of this clause 29 will apply.
- Change to your accommodation (see further below), where the alternative offered is of the same or better standard, has the same main features, and is in the same location (i.e. it’s the same tourist destination);
- Changes to services available at your accommodation, unless this is a major change to one of the main features of your accommodation;
- Alteration of your outward/return flights by less than 12 hours;
- Changes to carriers such as airlines and changes to aircraft or vehicle type;
- Any and all measures similar to those set out in clause 13 (COVID-19).
Where your flight is still operating, those flights are non-refundable, which is why in order to protect package organisers and customers, the Package Travel Regulations allow the package organiser to provide suitable alternative accommodation and customers only have the right to cancel without incurring cancellation charges where we have not been able to provide an alternative which is of the same or better standard, with the same main features, and in the same location/destination.
Occasionally the Supplier/Principal may have to make a significant change to your confirmed Travel Arrangements. Examples of “significant changes” include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away
- A change of outward departure time or overall length of your Travel Arrangements by more than 12 hours.
- A change of UK departure airport except between:
- The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
- The South Coast airports: Southampton, Bournemouth and Exeter
- The South Western airports: Cardiff and Bristol
- The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
- The Northern airports: Liverpool, Manchester and Leeds Bradford
- The North Eastern airports: Newcastle and Teesside
- The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen.
- A significant change to your itinerary, missing out one or more destination entirely.
If we have to make a significant change to your Multi-Contract Package (for instance, because the Supplier/Principal makes a significant change to your Travel Arrangements), we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- accepting the changed Travel Arrangements. If this results in a Multi-Contract Package of lower quality or cost, you may be entitled to a price reduction; or
- reject the proposed change, terminate your Multi-Contract Package booking and receive a full refund of all monies paid; or
- reject the proposed change, terminate your Multi-Contract Package booking and take an alternative one if we decide to offer this. If you decide to take an alternative Multi-Contract Package, we will inform you of its impact on the price of your booking and any additional sums to be paid. If the alternative Multi-Contract Package is of a lower quality or cost, you may be entitled to a price reduction.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative travel arrangements.
Insurance: If the Supplier/Principal cancels or makes a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
On rare occasions, we may have to cancel your Multi-Contract Package, for instance where the Supplier/Principal has cancelled a Travel Arrangement included in a Multi-Contract Package, and we reserve the right to do so. If we do so, we will notify you as soon as possible. We may also decide to offer you an alternative Multi-Contract Package if we are able to do, and inform you of its impact on the price of your booking and any additional sums to be paid. If the alternative Multi-Contract Package is of a lower quality or cost, you may be entitled to a price reduction. If we do not offer you an alternative Multi-Contract Package, or even if you just prefer, we will provide you with a full refund of any payments made for the Multi-Contract Package.
You may be entitled to compensation as a result of our cancellation of your Multi-Contract Package, except where we are prevented from providing the Multi-Contract Package because of Unavoidable and Extraordinary Circumstances (as defined in clause 29) and we notify you of the cancellation without undue delay before the start of your Multi-Contract Package.
31. Our Responsibilities in Respect of Multi-Contract Packages
1. We have a liability to you for the performance of the Travel Arrangements included in your Multi-Contract under the PTRs, irrespective of the fact that such Travel Arrangements are to be performed by the Supplier/Principals. However, you must tell us immediately of any failure to perform or improper performance of your Travel Arrangements (“Failure”). This will give us the opportunity to resolve the Failure whilst you are on your holiday. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with paragraph 3 of this clause 31.2. Please note that the measures set out in clause 13 (COVID-19) are those required to manage the risks of COVID-19 as part of a normal safety management system. By making a booking with us, you agree that their existence shall not be considered as any form of Failure.
3. Subject to these Booking Conditions, if we or the Supplier/Principals negligently perform or arrange those Travel Arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Multi-Contract Package you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the Supplier/Principal’s negligence affected the overall enjoyment of your Multi-Contract Package. Please note that it is your responsibility to show that we or the Supplier/Principals have been negligent if you wish to make a claim against us.
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