ABOUT US AND OUR TERMS AND CONDITIONS
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Sun Breaks - offer a wide range of holiday destinations and inspiration to all our customers.
Retail Address: 36 The Shambles Worcester WR1 2RE. We also work online and by telephone.
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Being independent -we offer our customers impartial advice and an extensive range of travel opportunities from hundreds of suppliers. Being independent means that we will find you the best holiday deals on the market. We also offer a home to the airport private transfer. We make getting to and from the airport hassle free.
These terms and conditions apply to the operations and the management of Sun Breaks - 36 The Shambles Worcester WR1 2RE. ​
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Service Provisions include:
Travel – Rail & Air travel
Accommodation Bookings including Groups and Allocations
Venue Sourcing
Ground Transportation Service – Sourcing Taxis, Coaches etc.
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This list is not exhaustive and when we work with a client/company we support all aspects of travel, accommodation and venue finding. If there is an option to support clients with other services, then these will be quoted and charged for on a case-by-case basis.
Definitions:
Terms and Conditions.
“Customer” means any person, firm or company who contracts for the provision of travel Arrangement Services such as Venue Sourcing, Booking Travel and/or Accommodation.
References to “you”, “your” etc., are references to the Customer, authorised representatives of the Customer or those for whom travel is requested by the Customer.
“Passenger” means any Passenger in respect of whose travel Sun Breaks provide the travel arrangement Services for on the instructions of the customer.
“Traveller” means any Traveller whose travel has been arranged for by All Things Travel.
“Delegate” means any meeting attendee whose venue has been sourced, booked, and confirmed by Sun Breaks.
“Meeting Planner” means any client who has asked one of the Sun Breaks team to find a suitable venue that meets their meeting brief
“Travel Arrangement Services” means Sun Break's services in recommending, booking and/or otherwise arranging, negotiating, and reporting of the supply of travel by air, land or sea, accommodation, meeting space, car hire, travel insurance or other related travel services by Third Party Suppliers to 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.
“Consolidator Ticket” means any travel arrangement service arranged on behalf of the customer by Sun Breaks with a Third-Party Supplier, as agent, at a rate below the published rate.
“Published Price Ticket” means any travel arrangement service arranged on behalf of the customer by arrangeMY with a Third-Party Supplier as agent at a rate available to the public.
“Booking Channel” means the method by which the customer communicates to
of its requirement for Sun Breaks to supply the travel arrangement services (e.g.,” Offline” means by personal visit, telephone call, letter, fax, and/or e-mail, “Online” means by making the booking on Sun Break's booking system. ​
“Booking Fee” means the fee levied by Sun Breaks for supplying the travel arrangement service and any ticketing/confirmation (which for the avoidance of doubt is in addition to the amount quoted or charged to the customer by Sun Breaks on behalf of itself or the relevant Third-Party Supplier in respect of the underlying travel, accommodation and/or other services supplied).
“Payment Method” means the method that the customer uses to pay Sun Breaks (E.g., Direct Debit, Credit Card, Charge Card, Credit Account, etc.).
“Venue, Hotel or Service Provider” means the person(s) or organisations responsible for as owner, manager, disclosed agent or otherwise of and providing the facilities and services being booked.
“Commission” means the sum of money received by Sun Breaks from the Venue, Hotel or Service Provider for the Booking Confirmation.
“Booking Confirmation” means a contract negotiated by Sun Breaks on behalf of the Client between the Client and the Venue, Hotel or Service Provider
“Contract” means these terms and conditions and the letter/ electronic communication or other document(s) from All Things travel to the Client containing details of the Booking contractual obligations for any services we have provided. Sun Breaks will make clients aware of any booking contracts and request that the booker agrees, accepts and signs the contracts for any bookings to create a contract between the hotel, venues or service provider and the client.
“Services” means hotel accommodation, venue facilities, travel, audio visual entertainment, travel etc provided by associated suppliers to the Client. Suggested Venue/ Hotel or Service Provider means any Venue/ Hotel or Service Provider suggested by Sun Breaks to the Client, after receipt of the requirements of the Client.
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General Terms and Conditions
General
a) The conditions shall be deemed to be incorporated into all contracts made by Sun Breaks written and verbal. With the customer to the exclusion of all other terms and conditions and all work undertaken by us.
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b) We shall provide such Hotel, Conference Venue Sourcing and or travel arrangement services to the customer as may be requested by the service from time to time. In the absence of any express written instructions to the contrary. Sun Breaks may accept (and the customer shall be bound by) any requests made by any employee, agent, or other representative of the customer verbally over the phone, via email communication, online booking tool or face to face.
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c) By making a booking, the customer is entering into a legally binding contract with the relevant Third-Party Supplier in respect of the goods and/or services to be provided by such Third-Party Supplier and which is subject to the terms and conditions of that Third Party Supplier (copies of which are available to the customer upon request). For the avoidance of doubt, Sun Breaks 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. All Things Travel And Holiday / Sun Breaks is not a fiduciary of the customer and does not assume any fiduciary duties to the customer. The customer will choose whether to accept a price quoted by us for any Hotel, Conference venue Sourcing or travel arrangement services based on its satisfaction with the amount quoted for any such service.
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d) No Passenger or any other third party will have any rights against Sun Breaks, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
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Payment
a) All Things Travel And Holiday / Sun Breaks shall contract with the Third-Party Suppliers on behalf of the customer and the customer shall pay to Sun Breaks on demand all costs, fees, taxes etc. invoiced by Sun Breaks to the customer in respect of items contracted with the Third-Party
Suppliers.
b) If credit account facilities have been made available by us to the customer then all sums due by the customer to a will be payable as set out below. Sun Breaks reserves the right to decline credit account facilities or to withdraw such facilities. Sunbreaks reserve the right to retain any funds due to the customer such as refunds or credits to offset against any outstanding debt. Should no such credit account facilities be made available by us to the customer or should these facilities be at any time withdrawn then we 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.
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c) Upon the withdrawal of credit account facilities all monies owing to Sun Breaks will become immediately payable.
d) Payment by the customer of monies outstanding upon credit accounts is due as cleared funds as per your specific invoice details.
e) Sun Breaks confirms that it does pass information with respect to the customer account to a nominated third party for credit reference purposes while financing its business and the customer consents to this.
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f) The customer shall pay Sun Breaks current transactional fees (details on request) in respect of any Consolidator tickets and/or Corporate Net Tickets and/or Wholesale Ticket plus any credit card merchant fees or other like fees incurred by Sun Breaks. l in addition to any Booking Fee and/or Management Fee.
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g) The customer shall pay us a current delivery fee (details on request) in respect of any items that are physically delivered to the customer by Royal Mail on behalf of us. If Royal Mail’s fees for postage do change mid contract term with the client, then we have permission to increase postage fees accordingly.
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h) Sun Breaks reserves the right to charge an administration fee for amendments or cancellations of any bookings, booking amendments or cancellation including where no additional documentation is required, if deemed by us that client changes and amendments to be excessive.
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i) The customer is responsible for the accuracy of all data supplied to us. If such information is found to be incorrect additional costs may apply to correct such data. More details on request.
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j) Travel arrangement services not ticketed but committed to by the customer at the time of booking may incur a higher fee. Until the booking is confirmed and committed to by the customer the price cannot be guaranteed and is subject to change. In addition, the travel arrangement services may be subject to cancellation by the Third-Party Supplier without prior notice. It is important to note that some Third-Party Suppliers may apply a charge for travel arrangement services not cancelled in advance of the departure date.
k) All calls may be silently monitored and recorded for training and quality purposes.​
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m) Sun Breaks purely acts as an agent with regards to payment thus the financial liability always rests with the customer.
n) Late payments: In the event that any sums due by the Customer to All Things are not paid when due then, without prejudice to any other remedies of Sun Breaks may at any time: Suspend all or part of the provision of Travel Arrangement Services to the Customer; and/or Charge a service fee at the rate of 2% per month on all overdue sums until paid; and/or
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.
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If payment of an invoice remains outstanding for a period of in excess of 28 days, Sun Breaks will exercise its right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
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Application of conditions
By providing All Things Travel And Holiday / Sun Breaks with an enquiry for services, the Client shall be deemed to have accepted all terms and conditions of this Contract.
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Booking Confirmation to Client and Venue, Hotel or Service Provider
a) Sun Breaks has agreed to provide the Client with a list of Suggested Venues, Hotel or Service Provider either via our online booking tool or via an offline quote (usually in the form of an email proposal)
b) Upon instructions from the Client as to the chosen Venue, Hotel or Service Provider, we will confirm the Booking Confirmation with the Venue, Hotel or Service Provider on behalf of the Client.
c) On receipt of the Booking Confirmation the Venue, Hotel or Service Provider will issue their own terms and conditions to the Client, which the Client agrees to be bound by.
d) The Client accepts that the Booking Confirmation made by us on their behalf with a Venue, Hotel or Service Provider is strictly between the Client and the Venue, Hotel and/or Service Provider.
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Flights / Ticketing
Sun Breaks will issue e-tickets wherever possible and if available usually about one month before travel. There may be a delay if the tickets have not been fully paid for we have been advised of changes to flights.​ Where an e-ticket or ticketless travel is not available a ticket on departure will be arranged. Certain airlines do charge an extra fee for tickets on departure.
Where flights have been cancelled by the traveller or us prior to the above then tickets will not be sent out as cancellation means that those tickets no longer exist.
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Reservations will be held and documents issued by us from our office or by email.​
If travellers need to consult or research travel advice, we strongly suggest the website below, please note that exclusions or additions to travel advice can happen between booking and travelling, so please ensure that travel advice is sort for the time of travel.
https://www.gov.uk/foreign-travel-advice
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Alteration and / or Cancellation of Holiday
The Client agrees to notify Sun Breaks immediately in writing of any cancellation and/ or postponement to the Booking. Please note that we will acknowledge the cancellation and close our file. A refund on cancelling tickets will not be available.
Confirmation.
Sun Breaks will then notify the Venue, Hotel or Service Provider accordingly.
​The Client accepts that any reduction in the services required from the Booking Confirmation will alter the pricing structure and accepts that it will be 100% liable for any cancellation charges.
Sun Breaks does not accept any responsibility for any loss, damage, liability suffered by the Client or by any third party with whom the Client has contracted or is otherwise obligated to because of a cancellation, part cancellation, and postponement, in the whole or in part of the contract with the Venue, Hotel and/or Service Provider.​​​
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Sun Breaks shall not be liable for any loss, liability, damage, injury, costs, claims, demands or expenses suffered or incurred by the Client, its staff, disclosed agents or customers arising from the use by the Client of a Suggested Venue and/or Service Provider, from a Booking Confirmation, the provision of services or arising from a referral of a third party by Sun Breaks to the Client for any reason whatsoever.
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The Client is exclusively responsible for ensuring the Suggested Venue, Hotel or Service Provider is suitable and for ensuring that all legal requirements in relation to the use of a Suggested Venue and/or a Service Provider, including but not limited to health and safety, are complied with.​​​​
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Force Majeure
We shall have no liability to the Client under this Contract if it is prevented from or delayed in providing its services by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
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If any provision of this Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions will remain in force.
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If any invalid, unenforceable or illegal provision would be valid, enforceable, or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable, and legal.
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Governing law and jurisdiction
The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
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The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of it or in connection with the Contract or its subject matter.
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Currency
Rates quoted outside of the UK are liable to fluctuation prior to the date of arrival. We cannot be held responsible for any currency increases/decreases.
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VAT
VAT may be charged where applicable at the rate in force on the date of supply.
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ATOL Protection - Provided by our suppliers
The Civil Aviation Authority grants an ATOL (Air Travel Organisers License) to companies selling certain flight-inclusive travel arrangements in the UK. An ATOL provides consumer protection against supplier failure. Where the Company (“us” for the purposes of this Clause 19) are required to by the Civil Aviation Authority, it provides to customers and or Passengers (“you” for the purposes of this Clause 19) financial security for flight inclusive Packages, Flight Plus bookings and ATOL protected flights.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Please note that there is no ATOL Protection where a flight is cancelled by the traveller or the flight is delayed.
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ATOL Certificate - Provided by our suppliers
The ATOL Certificate will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
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If the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Please note that there is no ATOL Protection where a flight is cancelled by the traveller or the flight is delayed. ​
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Complaints Process
The Client must inform us and the Hotel, Venue or Service Provider of any complaints in writing within 7 days of the circumstances giving rise to the complaint. In the first instance contact a member of the Account Management Team.
Sun Breaks will use their reasonable endeavours to satisfactorily resolve the complaint and reserve the right to reject any complaint. Photographic proof or additional evidence may be required in order to allow All Things Travel to pursue your complaint on your behalf.
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Sun Breaks will not be liable for any failure to supply or any unsatisfactory or inadequate supply of services by the Hotel, Venue or Service Provider as a result (either directly or indirectly) of the Client’s failure to provide All Things Travel with correct and complete instructions. In addition clause above will apply even if the Hotel, Venue or Service Provider fails to deliver in any situation, even if it is nothing to do with the Client failing to provide All Things Travel with correct/ complete instruction.
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