Terms & Conditions
Please read all these terms and conditions.
As we can accept your request for booking and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
If you are not sure about anything, just phone us on 0773671860
Application
1. These Terms and Conditions will apply to the use of our services and booking of the holiday / products by you (the Customer or you). We are A&K Travel a company in whose registered office is at 89 Attlee Road, Walsall, England, WS2 0ER
with email address infoa&ktraveluk.co.uk;
telephone number 07773 671860 (the Supplier or us or we).
2. These are the terms on which we sell all Services and Products to you. By ordering any of the Services and Products, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Products from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft, or profession.
4. Contract means the legally binding agreement between you and us for the sale and purchase of the supply of the Services and Products.
5. Delivery Location means the Supplier's premises or other location where the services and products are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. Products means any flights, accommodation, car hire, transfers, rail or other products that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods and Services from the Supplier as submitted following the step-by-step process set out on the Customer's order or Website.
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.
10. Services means the services advertised on the Website, including any Products, of the number and description set out in the Customer's written acceptance of the Supplier's quotation and Order.
11. Website means our website www.aktraveluk.co.uk on which the Services are advertised.
Services
12. The description of the Services and any Products is as set out in the Order. Website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the quality, services from the suppliers description of products purchased.
13. In the case of Services and any Products made to your specific requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
16. You must co-operate with us in all matters relating to the Services and Products, provided by us and our authorised employees and suppliers representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary consents required to supply the correct Services and Products (unless otherwise agreed).
17. Failure to comply with the above is a customer default which entitles us to suspend performance of the Services and Products until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information
18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
20. The description of the Services and any Products on our website, catalogues, brochures, or other form of advertisement does not constitute a contractual offer to sell the Services or Products.
21. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
22. A Contract will be formed for the Products ordered, only upon the Supplier sending an email to the Customer saying that the Products has been accepted or if earlier, the Supplier's acceptance of the necessary Products to the Customer.
23. The Order process is set out on the Website. Each step allows you to confirm, check and amend any errors before submitting. It is your responsibility to check that you have used the ordering process correctly.
24. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to giving us your confirmation of the Contract by means of an telephone call, text message or email. You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the start date of the Product supplied under the Contract, and before performance begins of any of the Services.
25. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 24 hours or 1 working day from its date unless we expressly withdraw it at an earlier time.
26. No variation of the Contract, whether about description of the Products, Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
27. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you rights as a business.
Fees and Payment
28. The fees (Fees) for the Services, the price of any Products (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
29. Fees and charges include VAT at the rate applicable at the time of the Order.
30. Payment for Products must be made at least 110 days in advance. You must pay the initial fee and deposit by submitting your credit or debit card details with your Order and we can take payment for the balance 110 days before releasing the Products.
Delivery
31. We will deliver the Services, including any products, at the Delivery Location by the time or within the agreed period or failing any agreement:
a) in the case of Services, within a reasonable time; and
b) in the case of Products, without undue delay and, in any event of delay offer reasonable alternate Products or refunds in line with Suppliers Terms and Conditions.
32. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
33. In any case, regardless of events beyond our control, if we do not deliver the Products on time, you can (in addition to any other remedies) treat the Contract at an end if:
34. We have refused to deliver the Products, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
35. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.
36. If you treat the Contract at an end, we will (in addition to other remedies) promptly under the Contract and Suppliers Terms and Conditions assist with returns of monies.
37. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Products, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Services and Products. If the Services and Products are past the due date of cancellation, you will not receive any monies or monies under the Suppliers Terms and Conditions.
38. If any Products form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Products without also cancelling or rejecting the Order for the rest of them.
39. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order outside that area, you may need to pay other exchange rates or additional costs, as we will not pay them.
40. If you or your nominee fail, through no fault of ours, to take delivery of the Services or Products at the Delivery Location, we may charge the reasonable costs of storing and redelivering them i.e., legal documents.
41. The Products will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Products before accepting them.
Risk and Title
42. Risk of damage to, or loss of, any Services and Products will pass to you when the Services and Products are delivered to you.
43. You do not own the Services or Products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any Products and end any right to use the Products still owned by you, in which case you will lose any monies paid.
Withdrawal and cancellation
44. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods and services (with no others) in the following circumstances:
catering or services related to leisure activities, if the contract provides for a specific period of performance.
goods which are liable to deteriorate or expire rapidly.
Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, indicated by you, acquires physical possession of the Services and Products. In a contract for the supply of services only (without products), the cancellation period will expire 14 days from the day the Contract was entered into.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g., a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show unmistakable evidence of when the cancellation was made, so you may decide to use the model cancellation form.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you, payments received from you for Products only, excluding the costs of Services (except for the supplementary costs arising from suppliers costs).
Payment for Services commenced during the cancellation period.
Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated based on the total price agreed in the Contract or, if the total price were to be excessive, based on the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for Services and Products supplied.
We may make a deduction from the reimbursement for loss in value of any Services and Products supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Services and Products beyond what is necessary to establish the nature, characteristics and functioning of the Products: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount for that loss.
Timing of reimbursement
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
If you have received Products in connection with the Contract which you have cancelled, you must send back the Products or hand them over to us at 89 Attlee Road, Walsall, England, WS2 0ER without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Products before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Products.
For the purposes of these Cancellation Rights, these words have the following meanings:
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
sales contract means a contract under which a trader transfers or agrees to transfer the ownership of products to a consumer and the consumer pays or agrees to pay the price, including any contract that has both products and services as its object.
Conformity and Guarantee
45. We have a legal duty to supply the Products in conformity with the Contract and will not have conformed if it does not meet the following obligation.
46. Upon delivery, the Products will:
- be of satisfactory quality; and
- be reasonably fit for any particular purpose for which you buy the Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
47. It is not a failure to conform if the failure has its origin in your materials.
48. We will supply the Services with reasonable skill and care.
49. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the Supplier of the Products.
50. We will provide the following after-sales service: supply of necessary documents, communication, changes to services and products suppliers between third parties and customers, and assistance for raising disputes or feedback from customers.
51. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you consider is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination, and suspension
52. The Contract continues as long as it takes us to perform the Services.
53. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice: or
- is subject to any step towards its bankruptcy or liquidation.
54. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
55. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
56. In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to receiving the Product (and the right to cancel below).
Privacy
57. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.
58. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found Data protection policy and other policies can be found on our website or by request to consumer. (https://www.a&ktraveluk.co.uk/privacy-policy) and cookies policy (https://www.a&ktraveluk.co.uk/cookie-policy).
59. For the purposes of these Terms and Conditions:
60. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
61. 'GDPR' means the UK General Data Protection Regulation.
62. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
63. We are a Data Controller of the Personal Data we Process in providing the Services and Products to you.
64. Where you supply Personal Data to us so we can provide Services and Products to you, and we Process that Personal Data in the course of providing the Services and Products to you, we will comply with our obligations imposed by the Data Protection Laws:
65. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
66. We will only Process Personal Data for the purposes identified;
67. We will respect your rights in relation to your Personal Data; and
68. We will implement technical and organisational measures to ensure your Personal Data is secure.
69. For any enquiries or complaints regarding data privacy, you can e-mail: infoa&ktraveluk.co.uk.
Excluding liability
70. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of Product) to you or your business, trade or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Products wholly or mainly for your personal, business, trade, or profession.
Governing law, jurisdiction, and complaints
71. The Contract (including any non-contractual matters) is governed by the law of England, Wales, Scotland, and Northern Ireland.
72. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
73. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs Customers should contact us in writing by letter or email with details of the dispute with credible evidence for raising and to show and prove the dispute to find a solution. We will aim to respond with an appropriate solution within 7 (seven) working days or supply an update on suppliers' and ability to provide final feedback and solution to the dispute. Disputes may take up to 30 days to resolve or respond fully as Suppliers may have to be contacted along with Third parties and Terms and Conditions also must be met regarding any disputes raised.
74. We aim to follow these codes of conduct, copies of which you can obtain as follows: -
ABTA available from https://www.abta.com/about-us/code-of-conduct
ATOL available from https://www.caa.co.uk/ATOL-protection/
Model cancellation Form - Please ask for this to be forwarded to you.