Corporate Booking Conditions
2. COMMENCEMENT, DURATION, APPOINTMENT & APPLICABILITY
2.1 The commercial terms of this Agreement will be valid for one year from this date. All commercial terms of this Agreement will be reviewed after any one year term.
2.2 The Corporate Customer hereby appoints the Travel Agent to act as a booking agent, on a non-exclusive basis, for the purposes of Booking Services of Travel Arrangements for the purpose of the Corporate Customer’s trade, business, craft or profession, in accordance with the terms of this Agreement and the Travel Agent agrees to act as such.
2.3 The parties agree that this Agreement shall be considered a “general agreement” for the purposes of business travel exemption within the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTR”) and the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (“ATOL Regulations”). Accordingly, the Booking Services provided by the Travel Agent to the Corporate Customer are exempt from the scope of the PTR and the ATOL Regulations. Furthermore, the Corporate Customer and/or its employees, officers, agent, consultants, sub-contractors or anyone else who is invited or permitted to make use of the Booking Services is not protected under the Travel Agent’s Air Travel Organiser’s Licence (ATOL) or ABTA Limited’s financial protection scheme.
2.4 The parties agree that this Agreement covers Travel Arrangements booked for business travel purposes only.
2.5 This Agreement applies to each Quote and Confirmation Invoice provided by the Travel Agent and/or to all Booking Services booked by the Travel Agent.
2.6 Subject to a notice period of 14 days, the Travel Agent is entitled to amend this Agreement by making the amended Agreement available to the Corporate Customer on its website or by other means.
3. BOOKINGS
3.1 The Corporate Customer shall request Travel Arrangements by either email or telephone to the Travel Agent. Upon receipt of a request, the Travel Agent shall determine the availability and price and on instruction from the Corporate Customer, provide the Corporate Customer with a Quote and once the Quote has been agreed, the Travel Agent shall book and confirm the relevant agreed Travel Arrangements.
3.2 The Travel Agent shall be entitled to charge the Corporate Customer a Fee for the Booking Services provided.
3.3 The Corporate Customer agrees to pay for the Travel Arrangements provided and to pay the Travel Agent the Fee.
3.4 The Travel Agent and/or AMS shall provide the Corporate Customer with an invoice or a consolidated invoice which will detail the monies owed by the Corporate Customer to AMS.
3.5 A binding contract between the Travel Agent and the Corporate Customer for the provision of Booking Services is created when a Confirmation Invoice is issued by the Travel Agent and/or AMS.
3.6 The Travel Agent will issue a new Quote in respect of each request for Travel Arrangements and Booking Services made by the Corporate Customer. If the Corporate Customer wishes to include additional Travel Arrangements a new Quote will be created.
3.7 The Travel Agent will not be obliged to honour any Booking Services or Travel Arrangements if it is evident that the Quote or Confirmation Invoice is based on an obvious error or mistake.
3.5 All Quotes are subject to change and no binding contract will be formed until a Confirmation Invoice has been issued by the Travel Agent.
3.6 The Travel Agent is entitled to sub-contract with third parties for the performance, or part performance, of this Agreement.
3.7 The Booking Services do not constitute a package under the Package Travel and Linked Travel Arrangements Regulations 2018. The Traveller does not have a claim against the Travel Agent arising out of any rights related to package travel and each Travel Service Provider is solely responsible for the contractual performance of its own services. The Booking Services fall within the General Business Travel Agreement Exemption by way of this Agreement. Where any services provided by Travel Services Providers contains flights neither the services or Services will be protected under the ATOL scheme.
3.8 The Travel Agent acts as an agent only. The Travel Agent sells various corporate travel related products and services on behalf of numerous providers and Travel Service Providers. The Travel Agents’ obligation is to make travel bookings on the Corporate Customer’s behalf and to arrange relevant contracts between the Corporate Customer and such Travel Service Providers. The Travel Agent has no responsibility for these services nor does the Travel Agent make or give any warranty or representation regarding their standard. The Corporate Customer’s legal recourse is against the specific Travel Service Provider and not the Travel Agent. If for any reason any Travel Service Provider is unable to provide the Travel Arrangements for which the Corporate Customer has contracted the Corporate Customer’s remedy rests with the Travel Service Provider and not the Travel Agent.
3.9 All bookings are made subject to the Booking Terms and Conditions in addition to the Travel Service Providers’ booking conditions including conditions of carriage and limitations of liability. The Travel Agent is to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions in accordance with clause 10.11. All Travel Service Provider’s booking conditions are available upon request.
4. PRICE AND PAYMENT TERMS
4.1 The Corporate Customer agrees to pay the Fees specified by the Travel Agent.
4.2 The Fees payable will be as per the schedule of fees agreed at Schedule 1 of this Agreement.
4.3 The Travel Agent may occasionally be paid a commission by Travel Service Providers in respect of any Travel Arrangements booked on behalf of the Corporate Customer in addition to the Fee(s) payable by the Corporate Customer. Any commission earned shall be retained by the Travel Agent/AMS.
4.4 The price(s) of any Travel Arrangements will apply as per the Quote and/or Confirmation Invoice issued by the Travel Agent. All prices will be based on the information provided by the Travel Service Providers and will be valid at the time the Quote is provided.
4.5 The Travel Agent will arrange for payment to the Travel Service Provider on behalf of Corporate Customer. The Travel Agent will charge the Corporate Customer for the amount paid or due to the Travel Service Provider and any and all third-party charges and/or applicable Fees associated with the transaction.
4.6 In the event that the price of the Travel Arrangements increases after the Confirmation Invoice has been issued due to an increase in transport and accommodation costs as a result of taxes, levies, surcharges and/or exchange rate fluctuations, and these increases are passed on to the Travel Agent/AMS by the Travel Service Providers, the Travel Agent will be entitled to charge the Corporate Customer for the price changes.
4.7 VAT is not payable or applicable as the Travel Arrangements supplied are provided under the Tour Operators Margin Scheme. If, however, any VAT, duties or taxes are found to be payable on any Travel Arrangements by reference to or in connection with this Agreement, the Corporate Customer remains liable to pay any such VAT, duty or tax.
4.8 The Corporate Customer guarantees that he/she/the company has the authority to accept and does accept the terms of this Agreement on behalf of any Travellers included as part of a booking. The Corporate Customer guarantees that he/she/the company shall be responsible for any payments due to the Travel Agent/AMS in accordance with the Travel Arrangements.
4.9 The Corporate Customer agrees to pay AMS the full payment that is due (including any commission or fees due to the Travel Agent) immediately by way of card payment or bank transfer (see bank account details below). Evidence of cleared funds may be required prior to Travel Arrangements being confirmed.
4.10 AMS shall – upon request and approval – allow the Corporate Customer credit to a specified amount in respect to the Travel Arrangements made and reserved under this Agreement.
4.11 The Corporate Customer who has been provided with credit, agrees to pay AMS in full for the Travel Arrangements booked (including commission and/or fees) for bookings made between the 1st and 15th of the month, cleared funds will need to be received by AMS no later than the 22nd of the same month and for bookings made between the 16th and the last day of the month, cleared funds must be received by AMS no later than the 7th of the following month. The Corporate Customer also accepts that failure to pay the appropriate amount in accordance with the agreed credit period entitles AMS, with immediate effect, to review the terms of the Agreement, which may result in the termination of; this Agreement, the credit arrangements and/or cancellation of any future Travel Arrangements.
4.12 The Corporate Customer agrees that it will only make payments by credit card or by bank transfers into the approved bank account as set out below and that any changes to the bank account details will only be instructed by AMS.
4.14 All monies paid to AMS are held in a secure trust account before being paid to the relevant Travel Service Providers.
4.15 If the Corporate Customer is settling its Credit Account by bank transfer or Card Payment, cleared funds are due for bookings made between the 1st and 15th of the month, by no later than the 22nd of the same month and for bookings made between the 16th and the last day of the month, by no later than the 7th of the following month in which the invoiced transactions occurred.
4.16 Travel Arrangements provided outside of a Credit Agreement should be settled in advance of the booking being accepted by the Travel Agent.
4.17 If the Corporate Customer cannot provide the required payment and/or security or if the Corporate Customer cannot reasonably be expected to meet its payment obligation(s) for the Travel Arrangements, the Travel Agent is entitled to terminate and/or cancel, in part or in whole, the Travel Arrangements without notice and in such circumstances the Travel Agent shall not be liable to pay any compensation to the Corporate Customer and/or any Traveller. In the event of termination under this clause, the Corporate Customer agrees to indemnify the Travel Agent and/or AMS for any loss or damage occasioned as a result of the termination and/or cancellation including but not limited to all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by the Travel Agent and/or AMS arising out of or in connection with the termination and/or cancellation of the Travel Arrangements.
4.18 Copy invoices and a statement of all outstanding invoices can be requested at any time.
4.19 Disputed invoices, items or Travel Arrangements must be emailed to the Travel Agent within 5 days of receiving the invoice.
4.20 Payment must be made (unless otherwise agreed in writing) in British Pounds Sterling.
4.21 The Customer is not entitled to suspend or set-off payment under any circumstances.
4.22 If full payment is not made on time, the Corporate Customer shall be in default and will be liable to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue at 4% per year above the Bank of England’s base rate from time to time, but at 4% a year for any period when the base rate is below 0%.
4.23 If the Corporate Customer is in default, the Travel Agent may terminate and/or cancel all or part of the Travel Arrangements. In addition to any costs already charged by third parties including Travel Service Providers as a result of the termination and/or cancellation, the Corporate Customer will be liable to pay any Fee(s) due and payable to the Travel Agent/AMS. The Travel Agent/AMS will off-set any amounts already paid against these costs.
4.24 In the event the Customer makes an application to suspend payments, enters into a voluntary arrangement with its creditors, bankruptcy or insolvency proceedings (or similar), all payment obligations by the Customer to The Travel Agents for the Services become immediately due and payable.
4.25 Any decision to grant vary the payment terms for provision of the terms and conditions shall be at the sole discretion of the Travel Agent and/or AMS.
5. CHANGES AND/OR CANCELLATIONS BY CORPORATE CUSTOMER
5.1 The Corporate Customer may make changes to the Travel Arrangements or services provided by the Travel Services Provider following confirmation, subject to availability and, where applicable, subject to the terms of the Travel Service Provider. In such circumstances the Corporate Customer agrees to pay the costs related to any requested changes, including any administration Fee(s) payable to the Travel Agent in addition to any charges applied by the Travel Service Provider and/or any other third parties. Any applicable charges will be notified to the Corporate Customer prior to confirming the changes and/or cancellation. The Corporate Customer agrees and acknowledges that there are some Travel Arrangements and services provided by the Travel Service Providers that cannot be changed or cancelled without being subject to full cancellation fees. The Corporate Customer should seek clarification on this before booking if in any doubt.
5.2 If the Corporate Customer cancels the Travel Arrangements or services booked with a Travel Service Provider and/or any other third party supplier either in part or in whole, he/she/it must pay all related cancellation charges in addition to the Travel Agents’ applicable Fee(s) including any third party costs incurred by the Travel Agent which are non-refundable.
5.3 The Corporate Customer must cancel the Travel Arrangements or services provided by the Travel Services Provider by providing written or telephone notice of the cancellation.
5.4 Any credit notes or refunds for Travel Arrangements or services provided by the Travel Services Provider will only be issued upon the return of the relevant documentation relating to the Travel Arrangement or service concerned within any stipulated time frames and subject, where applicable, to the Travel Service Provider’s terms and conditions. Failure to produce any relevant documentation may mean that any Travel Arrangement or service is not cancelled correctly and that payment will still be due.
6. CHANGES AND/OR CANCELLATIONS BY THE TRAVEL SERVICE PROVIDER AND/OR THIRD PARTY PROVIDER
6.1 In the event that a Travel Service Provider and/or any other third party provider makes changes to the confirmed services the Travel Agent will not be liable to the Corporate Customer. The Corporate Customer will be advised of the options available to either accept the changes or make alternative arrangements subject to the payment of any additional Travel Service Provider and/or third party provider charges and the Travel Agent’s’ applicable Fee(s) in facilitating the changes and/cancellation.
6.2 The Travel Agent will review any available alternatives in an effort to replace any elements of the Travel Arrangements or services provided by the Travel Services Provider that have been cancelled, which shall at all times remain subject to availability. The Travel Agent accepts no liability if it is unable to source any suitable alternatives. The Corporate Customer shall pay for any costs and/or charges associated with any change(s) agreed, including any Fee(s) due to the Travel Agent in order to implement the relevant changes. Unless otherwise agreed, all other elements of the Services or services shall remain unchanged.
7. FORCE MAJEURE
7.1 ‘Force majeure’ refers to a failure to fulfil any obligation as a result of unforeseen circumstances beyond the Travel Agent’s control which could not have been avoided despite all reasonable precautions.
7.2 ‘Force majeure’ includes, but is not limited to, fires, sabotage, government measures, computer, software and/or power failures, unusual and unforeseeable price increases, supplier failures, storm damage and/or other natural disasters, transport delays caused by technical defects, weather conditions, strikes, acts of war, riots, terrorism, blockades, pandemics, epidemics, quarantines, lockdown restrictions, missed connections, supplier overbookings, changes made by any Travel Service Provider or third party provider and/or cancellation by any Travel Service Provider or third party provider, that prevent the Travel Agent from performing its obligations to the Corporate Customer.
7.3 The Travel Agent shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from Force Majeure. In such circumstances the Travel Agent shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 1 week, the Travel Agent may cancel and or terminate any Travel Arrangements with immediate effect. In such circumstances, the Travel Agent shall not be liable to pay any compensation to the Corporate Customer.
8. DATA PROTECTION
In order to protect Corporate Customer and Traveller data, the Travel Agent maintains appropriate technical and organisational measures as set out in the Travel Agent’s Privacy Policy, available at Privacy Policy The terms of the Travel Agent’s Privacy Policy form part of this Agreement. All Travel Arrangements booked and provided in accordance with this Agreement (including any ancillary services such as booking platform access, traveller tracking and reporting) are instructions to process personal data in accordance with the Travel Agent’s Privacy Policy.
9. OBLIGATIONS OF CORPORATE CUSTOMER AND/OR TRAVELLER
9.1 The Corporate Customer will provide to the Travel Agent all necessary information regarding itself and/or Travellers which is required to perform and/or or conclude the agreed Travel Arrangements in a timely manner.
9.2 If the Corporate Customer fails to provide the information required, the Travel Agent shall be entitled to terminate the Travel Arrangements in whole or in part. In such circumstances, the Travel Agent shall not be liable to pay any compensation to the Corporate Customer and/or Traveller. The Corporate Customer shall be liable to pay for any costs and/or charges incurred by the Travel Agent in the preparation and/or performance of the agreed Travel Arrangements.
9.3 The Corporate Customer shall ensure that the Traveller(s) is/are in the possession of the required travel documents, such as a valid passport, any visa required, proof of vaccinations etc., as well as up to date with any Foreign Commonwealth and Development Office advice, government advice on returning to the UK together with any necessary entry requirements for the destination country, upon departure and during the period of travel. The Travel Agent shall not be liable to the Corporate Customer and/or Traveller(s) in the event that they are unable to travel as a result of not obtaining the correct documentation or taking the appropriate action required for travel.
9.4 The Corporate Customer shall ensure that the Traveller(s) is/are physically fit and healthy enough for the Travel Arrangements and services that it has purchased and advised the Traveller(s) to seek any appropriate medical consultation or approval if necessary. The Corporate Customer shall provide the Travel Agent with full details of any existing medical or physical problems (including unusual height or weight) or disability that may apply to any Travellers which is likely to affect their ability to take part in some or any of the Travel Arrangements or services, at the time of booking. If, in our or the Travel Services Provider’s opinion, any particular services or Travel Arrangements are not suitable we reserve the right to refuse to accept the booking or that Traveller may not be able to participate in certain services or activities, in which event we shall not be liable for any losses or compensation arising.
9.5 The Corporate Customer and Traveller(s) are obliged to comply with all the instructions and information provided by the Travel Agent in order to facilitate proper performance of the Travel Arrangements and services provided by the Travel Service Providers (including, but not limited to, instructions regarding check-in times and transfer times). The Travel Agent shall not be liable in the event that the Corporate Customer and/or Traveller(s) are unable to avail themselves of the Travel Arrangements or services booked as a result of their failure to adhere to any instructions and/or information provided.
9.6 The Travel Agent cannot accept any liability in the event that any Traveller(s) behaviour is disruptive and affects other travellers or third parties during the course of travel. In such circumstances, the Traveller may be prevented from travelling with any transport providers and may have any relevant accommodation arrangements cancelled without notice. Any such action taken by the relevant third parties is beyond the Travel Agent’s control. In such circumstances, the Corporate Customer and/or Traveller(s) will be held responsible for any additional costs that they may have to pay as a result of their behaviour. In the event that the Traveller(s) is/are prevented from travelling because in the opinion of any person in authority they appear to be disruptive, the Travel Agent will have no further liability to complete the Corporate Customer and/or Traveller(s) and will not be liable for any refund or compensation. When booking with the Travel Agent, the Corporate Customer accepts responsibility for any damage or loss caused by the Traveller(s) or any member of the Traveller’s(s’) party. Full payment for any such damage or loss must be paid direct at the time to the airline, accommodation manager or other relevant supplier in question. If the Corporate Customer fails to do so, the Corporate Customer will be responsible for meeting any claims subsequently made against the Travel Agent (together with our own and the other party’s full legal costs) as a result of the Traveller’s(s’) actions.
9.7 In the event of any issue or complaint while travelling, the Corporate Customer and Traveller(s) must limit any potential damage by reporting any complaints as soon as practicable to the relevant Travel Services Provider and follow the Complaints Procedure as set out in clause 13.
10. LIABILITY OF THE TRAVEL AGENT
10.1 The terms of this Agreement and the exclusions and/ or limitations of the Travel Agent’s liability included in them are also for the benefit of AMS, the employees, servants, agents, subcontractors and intermediaries of the Travel Agent.
10.2 The Travel Agent will select Travel Service Providers with reasonable skill and care.
10.3 In providing the Booking Services to the Corporate Customer, AMS and the Travel Agent act solely as the agent for the Travel Service Providers named in the itinerary. The Travel Agent does not guarantee or insure the Travel Arrangements to be provided by any Travel Service Provider.
10.4 AMS and the Travel Agent assume no responsibility for actions beyond the control of those parties in connection with the services. Neither is responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, non-performance, irregularity, or any consequences thereof, caused by the neglect, or default, or any other act or inaction of any supplier.
10.5 The Travel Agent is not liable for the accuracy of the information provided by or on behalf of any Travel Service Providers and/or any other third party providers, including, but not limited to, photographs, brochures and other informational material.
10.6 Subject at all times to the Corporate Customer’s travel policy permitting online sharing economy booking platforms to be utilised, the Travel Agent is not liable for any bookings made in respect of such services including, but not limited to, Airbnb, flipkey and Home Away. In such circumstances, the contract with the Corporate Customer remains with the booking platform in question and the Travel Agent continues to act as agent. The Travel Agent does not accept any liability in respect of any alleged health and safety, quality or accessibility deficiencies in the event of such allegations being raised against the third party providers and the Corporate Customer’s legal recourse shall remain with the booking platform in question.
10.7 The Travel Agent is not liable for the Travel Service Provider’s insolvency.
10.8 The Travel Agent is not liable for any failure to carry out the instruction due to Force Majeure in accordance with clause 7 of this Agreement.
10.9 The Travel Agent is not liable for any damage covered by a health, accident, travel and/or cancellation insurance policy or any other insurance policy in place for the benefit of the Corporate Customer and/or Travellers. The Corporate Customer acknowledges and agrees that it is the Corporate Customer’s responsibility to have an insurance policy or policies in respect of any loss, claim, cost, damage or injury incurred as a result of any of the Travel Arrangements or services under this Agreement.
10.10 The Travel Agent’s liability is limited to any claims arising out of or in connection with the Travel Agent’s direct negligence and/or breach of this Agreement. In such circumstances, the Travel Agent’s liability, except in cases of death, injury or illness, shall be limited to the cost of the Travel Arrangements in question and any Fee(s) paid to the Travel Agent. For the avoidance of doubt, the Travel Agent shall not be liable for any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses the Corporate Customer and/or Traveller suffer in connection with practising their profession or operating their business.
10.11 In addition, the Travel Agent’s liability will also be limited in accordance with and/or in an identical manner to:
a) the contractual terms of the Travel Service Providers’ that provide the Travel Arrangements; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. The Travel Agent is to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
10.12 Nothing in this Agreement limits any liability which cannot legally be limited, including but not limited to liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) breach of confidentiality or breach of data protection legislation; and
d) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
11. INDEMNITY BY THE CORPORATE CUSTOMER
11.1 The Corporate Customer shall indemnify the Travel Agent for any loss or damage occasioned as a result of any claims by Traveller(s) and/or third parties arising out of and/or related to the Travel Arrangements or services including but not limited to all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by the Travel Agent.
11.2 The Corporate Customer will be jointly and severally liable for the Travellers’ obligations in accordance with this Agreement.
11.3 The Corporate Customer will indemnify the Travel Agent if it allows any of the Travellers to travel purely for leisure purposes and the Travel Agent inadvertently forms a package and/or for any other reason the Travel Arrangements fall within the Package Travel and Linked Travel Arrangement Regulations 2018.
12. CONFIDENTIALITY
12.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 12.2(a).
12.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 No party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
13. COMPLAINTS PROCEDURE
a) Complaints regarding Booking Services provided by the Travel Agent
13.1 Complaints about advice, information, any of the contracted services provided by the Travel Agent and/or about the handling of reservations must be submitted to the Travel Agent in writing to the Head Office or by email at [INSERT EMAIL ADDRESS], stating reasons, within 28 days after the Corporate Customer and/or Traveller becomes aware of the facts to which the complaint relates. The Travel Agent will endeavour to acknowledge any complaints received as soon as possible and aim to provide a full response following investigation within 28 days. However, please be aware that it may not always be possible to provide a full response within this time frames and sometimes it may take a number of months to properly investigate depending on the circumstances and the nature of the complaint.
b) Complaints about the performance of Travel Arrangements
13.2 The Corporate Customer must immediately report any complaints regarding the performance of Travel Arrangements to the Travel Service Provider’s representative and must attempt to resolve the complaint, in the first instance, with the Travel Service Provider’s representative.
13.3 The Corporate Customer must give the Travel Service Provider the opportunity at all times to achieve an appropriate resolution of the complaint.
13.4 If the complaint cannot be resolved with the Travel Service Provider’s representative, the Corporate Customer must contact the Travel Agent immediately. The Travel Agent will use reasonable endeavours to assist in an effort to resolve the complaint satisfactorily, insofar as it has the ability to do this. For the avoidance of doubt, any such attempts by the Travel Agent to provide assistance does not give rise to any liability on the part of the Travel Agent.
13.5 If the complaint cannot be resolved satisfactorily, it must be submitted to the Travel Service Provider or the Travel Agent in writing, stating the reasons for the complaint in a concise fashion, as soon as possible, but in any event within 28 days of return. Insofar as the complaint relates to the any Travel Arrangement, the Travel Agent will refer the complaint to the relevant Travel Service Provider(s) for direct handling.
14. ENTIRE AGREEMENT
14.1 This Agreement, together with the Confirmation Invoice, Privacy Policy and the Booking Terms & Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
15. WAIVER
In the event that The Travel Agent 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 The Travel Agent on any subsequent occasion.
16. SEVERANCE
16.1 If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.
16.2 If any provision or part-provision of these terms and conditions is deemed deleted under clause 16.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
17. VARIATION
The Travel Agent reserves the right to vary the terms of this Agreement at any time by notifying the Corporate Customer in writing. The Corporate Customer may not vary this Agreement unless it has express written permission from the Travel Agent.
18. VAT
VAT will be charged where applicable at the rate in force on the date of supply.
19. THIRD PARTY RIGHTS
These terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 except for any rights of AMS to enforce any term of these terms and conditions.
20. GOVERNING LAW AND JURISDICTION
This Agreement shall be construed, and any dispute between the parties determined, under the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.