Ffestiniog Travel is the trading name of Ffestiniog Railway Holdings Ltd. All references to the 'Company', ‘we’, ‘us’ and ‘our’ in these booking conditions refer to Ffestiniog Railway Holdings Ltd T/A Ffestiniog Travel. References to ‘you’, ‘your’ and ‘traveller’ means all persons named on the booking (including anyone who is added or substituted at later date) or any of them, as the context requires. References to ‘departure’ are to the start date of the arrangements we have contracted to provide. The Package Travel and Linked Travel Arrangements Regulations 2018 (‘Package Travel Regulations’) will apply to your contract. For more information on your rights under these regulations please see The Package Travel and Linked Travel Arrangements Regulations 2018.
2. The balance of the cost of your holiday must be paid no later than 70 days prior to departure. If the balance is not paid by this time and no special arrangement has been made for late payment, your booking will be cancelled and your deposit will not be refunded. For all holidays without flights - All monies paid to one of our authorised travel agents for your booking with us will be held by the agent on your behalf until a contract between us comes into existence. From this point your agent will hold the money on our behalf until payment is made to us. For all holidays with flights included, all monies paid to any authorised agent of ours will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us. Payments must only be made to your travel agent in sufficient time for them to be paid to us by balance due date and not earlier even if your travel agent asks you to do so.
3. Any deposit paid to the Company by the traveller shall not be repayable by the Company in circumstances where the travel arrangements are cancelled by the traveller unless you are entitled to a full refund in accordance with the Package Travel Regulations. The deposit will be repaid to the traveller in circumstances where the Company cancels the travel arrangements, or where the travel arrangements are so altered by the Company that cancellation is offered to the traveller.
4. The Company may, without notice to the traveller, alter or substitute any route, method of carriage, carrier or hotel reservation without any liability whatsoever, provided that the Company gives its reasons for so doing and that such alterations do not amount to a significant change to the confirmed arrangements. In the event we have to significantly change any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so. If you choose to cancel your booking where you are entitled to do so, we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we or your travel agent send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above-mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 12). Optional excursions do not form part of the itinerary in the context of this clause.
5. Changes made by you/Transfer of booking - If you decide to change any part of your confirmed booking up to 30 days before departure, we will do our best to assist but will pass on any charges applied by suppliers or for additional holiday costs incurred, including charges that may be payable for services cancelled. We reserve the right to make in addition an administration charge of £50 per person. Please note that not all changes may be possible. Any amendments must be requested in writing by the lead passenger on the booking. Transfer of booking – If any member of your party is unable to travel, you can transfer their place to another suitable person for the same tour arrangements, dates and itinerary without payment of cancellation charges, if that person satisfies the conditions applicable to the tour. Notification of the transfer must be made in writing at least 14 days before departure and must be accompanied by any tickets or vouchers already issued by us, full details of the person who is being substituted, the administration fee of £50 per name change and all charges levied by our suppliers arising from the transfer. You should be aware that some suppliers, particularly airlines, may charge a 100% cancellation fee for all arrangements affected by the transfer together with the cost of new ticket(s). The person being substituted on the booking agrees to be bound by these Booking Conditions.
6. Please note, changes and errors occasionally occur. You must check the up to date cost of your arrangements at the time of booking. We reserve the right to increase or decrease the price of unsold holidays and correct errors in advertised prices at any time before your holiday is confirmed. The price of the holiday is subject at all times after confirmation to the application of a surcharge if our costs increase as a direct consequence of changes in (i) the price of transportation resulting from the cost of fuel or other power sources; or (ii) the level of taxes or fees applicable to the travel services included in the contract imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates applicable to the package.
In the event of increase(s) to any of the above cost elements, the Company shall be entitled to recover from the traveller all such sums up to a total of 8% of the price of the holiday excluding excursions and amendments. If the increase that you have to pay is more than 8% of the total price of your confirmed holiday (excluding any amendment charges and the cost of any additional services or travel arrangements which do not form part of the package), you will have the option of cancelling the holiday and having refunded all monies paid, less any amendment charges and/or additional services or travel arrangements which do not form part of your package. Should the price of your holiday go down due to the changes mentioned above after confirmation of your holiday but more than 30 days prior to departure, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will any refunds be paid during this period.
7. All arrangements made for carriage, conveyance, refreshment, accommodation and/or other services are subject to the terms and conditions of the person or company providing those arrangements and are also subject to the laws of the country in which they are provided.
8. In the event of insufficient bookings being received to enable the Company to qualify for group travel concessions for escorted holidays, the Company reserves the right to cancel the tour which, if necessary, will be notified to you not less than eight weeks before departure. The liability of the Company is limited in such circumstances to a full refund of all monies paid. Failure to achieve the required minimum number of bookings does not, however, oblige us to cancel. This condition does not apply to unescorted holidays.
9. Prices are based on double room occupancy at hotels. If for any reason travellers are accommodated in single rooms, the appropriate single room supplement must be paid by the traveller.
10. All transportation and accommodation is arranged by the Company upon the express condition that it is liable only for the provision of services required for the performance of the contract and that such services shall offer a reasonable standard in relation to the cost of the holiday.
11. (1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:
the act(s) and/or omission(s) of the person(s) affected; or
the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
unavoidable and extraordinary circumstances as defined in clause 12 below.
(3) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your holiday. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 11(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 11(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 11(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
12. In the unlikely event you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and/or the situation is not resolved to your satisfaction within a reasonable time, you must contact us in the UK as soon as possible. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a complaint or problem, we cannot begin to resolve it. Most issues can be dealt with quickly. In the event a complaint or problem is not resolved to your satisfaction locally and you wish to pursue the matter, you should contact us in writing with full details within 28 days of your return from the holiday. If you fail to follow the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Subject to clause 11(5), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
13. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional adverse weather conditions, fire, flood, an outbreak of serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
14. Your contract and any claims arising between us shall be governed exclusively by English law (and no other). We both agree that any claim (and whether or not involving any personal injury) and all proceedings shall be subject to the exclusive jurisdiction of the English courts
15. Consumer Protection – The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide financial protection for the monies that you pay, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Ffestiniog Railway Holdings Ltd.
Holidays with flights included – your financial protection. All the flights and flight-inclusive holidays in this brochure are financially protected by the ATOL scheme. Our ATOL number is 3047.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. We, or the suppliers identified on your 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 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).
If we, or 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 or your 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. The Civil Aviation Authority can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350 e-mail
ATOL protection does not apply to all holiday and travel services listed in this brochure. For more information about financial protection for those holidays that are not ATOL protected, please see below.
Holidays without flights included – The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Ffestiniog Railway Holdings Limited T/A Ffestiniog Travel – Membership No: 5220, and in the event of their insolvency, protection is provided for:
- Non-flight packages
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation to and from the UK was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Ffestiniog Railway Holdings Ltd T/A Ffestiniog Travel.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here.
N.B. ABTOT financial protection does not reimburse the costs of other expenses such as travel insurance, visas, vaccinations etc which do not form part of your ABTOT protected package. Please note that the sale of individual elements such as rail tickets, ferries, flights or accommodation only does not constitute a package in terms of the The Package Travel and Linked Travel Arrangements Regulations 2018. However, flights are protected financially by our ATOL licence and “accommodation only” is protected financially by the ABTOT bond.
16. If you have a dispute with us which you are unable to resolve, you may call upon the low cost AITO Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service.
17. You may cancel your confirmed booking at any time. Cancellation of a booking is effective only when received in writing by the Company or your travel agent. Cancellation fees are applicable as follows:
|More than 10 weeks’ notice
|loss of deposit
|70 to 42 days’ notice
|50% of the cost of the holiday
|41 - 15 days’ notice
|90% of the cost of the holiday
|LESS than 15 days’ notice
|100% of the cost of the holiday
It is strongly recommended that you purchase suitable and adequate travel insurance cover for the duration of your holiday.
In the event of the Company being able to resell the cancelled place / arrangements or obtain refunds from its suppliers, the Company may be able to waive some or all of these charges and will look at each case on its merits. It is important to note however that some suppliers make an administrative charge on such occasions and some, especially transport providers, do not permit cancellations and name changes at all.
18. No tickets or other documents or vouchers will be released by the Company unless and until the full balance of the cost, as confirmed, has been paid to the Company. Such cost will be detailed to you in the final invoice.
20. Health, Fitness and Luggage - It is the traveller’s responsibility at the time of booking to provide the Company with full and accurate details of mobility, health and fitness related restrictions and requirements and to notify the Company of any changes between booking the holiday and the date of travel. We are required by law to notify airlines of clients with reduced mobility including people with walking difficulties, broken limbs, also pregnant women. If your health, mobility, level of fitness or conduct before or during a holiday is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the holiday, you may be excluded from all or part of the holiday and we may treat your holiday as cancelled at that moment. In these circumstances, the Company’s obligations to the traveller shall cease, full cancellation charges shall apply and the Company shall not be liable for any refund, compensation or other costs. Please note that the Company’s rights in connection with the above may be exercised by the Tour Leader at the start of the escorted holiday or even during the holiday itself. Please note also that the Tour Leader cannot provide individual assistance with handling luggage.
21. Security and Safety – Whilst Ffestiniog Travel would never take you or encourage you to travel to a country or region to which the UK Foreign and Commonwealth Office has advised against all travel or all but essential travel, many places in the world, including the UK, are now on the ‘be aware’ list. You are advised to visit www.gov.uk/foreign-travel-advice from time to time before your holiday to receive the latest travel advice.
22. Passport, Visas and Other Entry Requirements - Please note that it is your responsibility to ensure that you and everyone in your party has a current, valid passport and all other necessary documentation required for entry into and your stay in all countries you are intending to visit before departure. We do not accept responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Details of passport and visa requirements can be found here.
23. Insurance - It is strongly recommended that you purchase suitable and adequate travel insurance cover for the duration of your holiday and that you provide Ffestiniog Travel with the details of that insurance as required. Each holiday in the brochure includes the day of departure and the day of return and this is the period to be used for insurance purposes. Please ensure that the travel insurance policy is suitable for your needs.