Terms & Conditions
Terms and Conditions of Business
The following terms and conditions apply to all business conducted by Medway Travel Limited with its clients, unless expressly stated by an authorised member of staff in writing. Please see below:
| Standard terms and conditions of business | Terms and Conditions as an agent of Tour Operators |
| Regarding the use of this Web site |
Standard terms and conditions of business
Before you commit to any travel arrangement that we propose, we will inform you of the booking conditions that apply to your individual journey. However, the following are our standard terms and conditions of business, which apply to all bookings, unless an alternative contract is specifically agreed in writing, with the client:
1. Definitions in these conditions of contract:
"MTL" means Medway Travel Ltd, a company incorporated under the Companies Acts (Registered Number 2793839) trading variously as Medway Travel Management, Medway Groups and Events and Medway Leisure Travel
"Customer" means any person, firm or Company with whom MTL contracts for the provision of Travel Arrangement Services by MTL.
"Passenger" means any passenger in respect of whose travel MTL provides the Travel Arrangement Services on the instructions of the Customer;
"Third Party Suppliers" means any third parties who supply any travel by air, land or sea, accommodation, car-hire, travel insurance or other related travel services to the Customer.
"Travel Arrangement Services" means MTL’s services in recommending, booking and/or otherwise arranging, negotiating and reporting of the supply of travel by air, land or sea, accommodation, car hire, travel insurance or other related travel services by Third Party Suppliers to the Customer.
2. General
a) The conditions shall be deemed to be incorporated into all contracts made by MTL with the Customer to the exclusion of all other terms and conditions and all work undertaken by MTL, shall be deemed to be carried out on the terms of these conditions unless otherwise expressly agreed in writing by MTL
b) MTL shall provide such Travel Arrangement Services to the Customer as may be requested by the Customer from time to time. In the absence of any express written instructions to the contrary, MTL may accept (and the Customer shall be bound by) any requests made by any employee, agent or other representative of the Customer.
c) By making a booking, the Customer is entering into a legally binding contract with the relevant Third Party Supplier which is subject to the terms and conditions of that Third Party Supplier (copies of which are available to the Customer on request). For the avoidance of doubt, MTL shall not be responsible for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Customer or any Passenger (directly or indirectly) as a result thereof.
d) No Passenger or any other third party will have any rights against MTL, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
3. Payment
a) MTL shall contract with the Third Party Suppliers on behalf of the Customer and the Customer shall pay to MTL on demand all costs, fees, taxes etc invoiced by MTL to the Customer in respect of items contracted with the Third Party Suppliers.
b) If credit account facilities have been made available by MTL to the Customer then all sums due by the Customer to MTL shall be payable as set out in paragraph 3(c) below. MTL reserves the right to decline credit account facilities or to withdraw such facilities. Should no such credit account facilities be made available by MTL to the Customer or should these facilities be at any time withdrawn then MTL reserves the right to request an advance payment from the Customer in respect of all contracts to be entered into on behalf of the Customer. Upon the withdrawal of credit account facilities all monies owing to MTL will become immediately payable.
c) Payment by the Customer of monies outstanding upon credit accounts is due as cleared funds within the terms stated on the related invoices.
4. Refunds
a) Credit notes or refunds (if any) for travel services not used may only be issued upon the return of the relevant documentation relating to the travel service concerned and are subject to the terms and conditions of the relevant Third Party Supplier. Failure to return the said documentation will imply an acceptance of the invoice for the travel services and payment will become due as per the standard payment terms set out in Clause 3 above.
b) In the event that any cancellation or refund requires the consent of or calculation by the relevant Third Party Supplier then the account issued shall remain due and payable in terms of Clause 3 above and any sum refunded by the Third Party Supplier shall only be credited to the Customer's account on receipt of same by MTL from the Third Party Supplier.
c) Without prejudice to the generality of Clauses 4(a) and 4(b) above, the Customer acknowledges and agrees that:
(i) any credit notes or refunds in respect of rail travel services can only be issued provided the relevant documentation is returned within one month of date of the issue of the said documentation (or on any other terms relating to the ticket issued in respect of the rail services in question);
(ii) not all tickets may be refunded or altered and that any refunds made may be liable to any fees which MTL and/or the Third Party Supplier may from time to time levy.
If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket or the charges levied then clarification should be sought from MTL at the time of booking.
5. Late Payments
In the event that any sums due by the Customer to MTL are not paid when due then, without prejudice to any other remedies of MTL, MTL may at any time:
(i) suspend all or part of the provision of Travel Arrangement Services to the Customer; and/or
(ii) charge a late payment fee and statutory interest on the overdue sums, as permitted by the UK late payment legislation.
(iii) cancel (without any liability to the Customer or to any Passenger) any bookings made on behalf of the Customer, with any cancellation fees incurred as a result thereof being for the account of the Customer.
6. Liability
a) In the event of a claim by the Customer or by any Passenger in respect of the supply of the Travel Arrangement Services or any other liability whatsoever for which MTL is responsible in law, MTL’s maximum liability is in any event restricted to the lesser of the total amount paid to MTL by way of fees for the supply of the Travel Arrangement Services concerned by the claimant or any additional expenses incurred by the claimant.
b) Subject to Clause 6(a) above, MTL shall incur no liability whatsoever to the Customer or any Passenger in respect of any direct, indirect or consequential losses (howsoever incurred).
c) The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the Travel Arrangement Services or any travel resulting therefrom. MTL shall use all reasonable endeavours to assist the Customer and/or the Passenger in obtaining such a policy of insurance from an insurer on the express request of the Customer and on payment of the appropriate premium. The Customer agrees to make each and every Passenger aware of the provisions of this Clause
7. Waiver
In the event that MTL should at any time expressly or by implication waive any of its rights contained herein such waiver shall not be deemed to prejudice in any way the enforcement of such rights by MTL on any subsequent occasion.
8. Variation
MTL reserves the right to vary the terms of these Standard Conditions at any time by notifying the Customer in writing. Any such variation shall take effect in respect of any Travel Arrangement Services supplied on or after the fifth working day following the date of posting said notification to any address to which MTL has invoiced the Customer in the preceding three months or to the last such address if no invoices have been issued in the preceding three months.
9. VAT
VAT will be charged where applicable at the rate in force on the date of supply.
10. Data Protection
Each party shall ensure that it complies fully with the requirements of Data Protection Legislation and the Customer shall ensure that any communication of personal employee data to MTL and the Third Party Suppliers has been properly authorised by the employee concerned. The Customer acknowledges that MTL may store the Customer's and employee's data outside of the European Economic Area, and consent is hereby granted to this. The Customer consents to contact from MTL via e-mail, letter or phone about products and services that may be of interest to the Customer.
11. Jurisdiction and Governing Law
These terms and conditions, any supply of the Travel Arrangement Services to the Customer and/or the Passenger and any contracts between MTL and the Customer shall be governed by the law of England and shall be subject to the jurisdiction of the English Courts, without prejudice to the right of MTL to seek recovery of any sums due from the Customer before any court of competent jurisdiction.
01/08/06
Terms and Conditions as an agent of Tour Operators
As a truly independent agency, Medway Travel ltd can work with every bonded operator in the UK as well as many overseas, and we will often use a variety of these operators in one booking to ensure that you get the travel arrangements that exactly suit your needs.
Before you commit to any travel arrangement that we propose, we will inform you of the booking conditions that apply to your individual journey. However, the Terms and Conditions in section (1 above) are our standard Terms and Conditions of business, which apply to all bookings, unless an alternative contract is specifically agreed with you, in writing.
Regarding the use of this Web site
1) Medway Travel Limited owns this Web site and owns (or licenses) the copyright and other related rights in all the wallpaper, characters, artwork, images, graphics, music, text, software, and other content on this site ("Content"), and all other HMTL, CGI, code and scripts in any format used to implement this site ("Code").
2) You may not copy, modify, upload, download, transmit, or otherwise distribute any Code or Content from this site except as expressly permitted by these rules and the instructions section of this site. You may not modify or use the Content or Code you get from this site for any purpose other than those listed and doing so will violate our copyright and other proprietary rights.
3) If any portion of this site permits you to download Content, for those sections the above restrictions apply, except that you may download one copy of the Content on any single computer for your personal, non-commercial use only, and you must not modify any of the copyright, trademark, and other proprietary notices.
We retain all rights to any Content you download, and grant you a limited license to use them as described above. For downloaded software, you may not redistribute, sell, de-compile, or otherwise reverse engineer the software. Some portions of our site may provide you with access to other sites through our site, either by means of a direct link or through software script (collectively, "Click-Through Access").
4) If we give you access to Content (including, but not limited to, membership enrolment or other information related to other programs that you may belong to), whether we provide you with access to this directly at our site or through Click-Through Access, then your rights to such Content are limited to whatever rights are provided by the owner of the Content, the owner or operator of the site accessed through Click-Through Access, and the rights you have as a member in the applicable programs.
5) You agree that you will not use any portion of our site in violation of any agreements or membership rules of such programs or other sites.
6) The content, code, access, and other features of this site are provided "as is" and without warranties of any kind either express, implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and infringement. You use the content, code, access, and other features of this site at your own risk.
7) Medway Travel Limited does not warrant that any such features will operate in an uninterrupted or error free fashion, that defects will be corrected, or that the server is free of viruses or other harmful components.
In no event will Medway Travel Limited be liable for any direct, indirect, incidental or consequential damages, including lost profits and cost of procurement of substitute products, arising out of your use or inability to use any content or features, failure to access or Click-Through access any content or features, even if Medway Travel Limited has been advised of the extent of such damages.
8) Medway Travel Limited shall have no liability for any claims brought by the owners of content or sites accessed through Click-Through access based on your inappropriate or not permitted access of such sites. You hereby agree to indemnify Medway Travel Limited for such claims if brought against Medway Travel Limited if you knowingly used this site for such inappropriate access.
9) This agreement shall be governed by and construed in accordance with the laws of England and shall be subject to jurisdiction of the English Courts.