Thank you for visiting www.blacktomato.com. This site is owned and operated by Black Tomato of LG Floor, 4-14 Tabernacle Street, London, EC2A 4LU (“Black Tomato”). Black Tomato is a managed branch of Hays Tours Operating Limited (“Hays”), which has its registered office address at 28 Olive Street, Sunderland, United Kingdom, SR1 3PE.

When you make a booking for a Black Tomato travel experience, your contract is with Hays trading as Black Tomato. In these terms and conditions “we” “us” or “our” mean Hays trading as Black Tomato and they form the basis of your contract with us. Please read them carefully as they are legally binding. Your contract is also subject to The Package Travel and Linked Travel Arrangements Regulations 2018 (the “Package Travel Regulations”) which contain terms that are implied into contracts for packages even if not specified in these Booking Conditions or in your booking confirmation.

We are a member of the Association of British Travel Agents (ABTA Y6071) and all of the flight- inclusive experiences that we sell are sold by us under ATOL 10531, as an as agent of Hays. See Section 18 for details of how we protect your booking payments.

  1. CONTRACT

Our bookings are tailored to your requirements and so bookings are subject to availability. Before a booking is confirmed, full details of your proposed trip will be advised to you by email (or by post on your request). Once you have confirmed to us that you happy with the proposal, we will proceed to take payment and issue you with a booking confirmation. Please check that all names are the same as the relevant passport, that dates and timings and all other elements of your trip are correct. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.

A binding contract between us and you (the lead name on the booking) is only formed when we issue our booking confirmation (by email or post) after having received payment from you, in cleared funds, of either the required deposit or the full price of your holiday (depending on when the booking is made relative to the intended departure date). By making the booking you accept that you have the authority to bind all members of your party to these terms and conditions of booking and you take responsibility as the lead name on the booking to make payment and to receive documentation on behalf of your party.

  1. PRICE AND PAYMENT

We reserve the right to alter the prices of any trips shown on our website or set out in our written proposal to you at any time before your booking is confirmed. You will be advised of the current price before your booking is confirmed. Prices quoted are GBP sterling prices based on daily currency exchange rates current at the time of quotation.

The price of your experience is inclusive of taxes and where applicable, all additional fees and charges and other costs. Where any costs cannot be reasonably calculated by us in advance of the conclusion of your contract, we will give you an indication at the time of booking of the type of additional costs which you may still have to bear.

Please note that all payments taken on debit or credit card will be taken in GBP sterling and so if you are a customer whose payment card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. To avoid this we can accept payment in GBP, EUR and USD by bank transfer and can specify the exact amount required for payment in the specified currency.

In all cases, in order to make a booking, a deposit will be required. The amount of deposit varies depending on the nature of your trip and will be confirmed to you before you book. Where bookings include flights with airlines that require full payment in advance of booking, the full price of the flight(s) will be included in the booking deposit and will be chargeable in the event of cancellation as a cancellation fee (see below). The balance payment is due 12 weeks in advance of the intended departure date. If the booking is made less than 12 weeks before departure, the full price of the trip will be payable on booking. Your booking confirmation will advise the balance payment due date. If, following the payment of a deposit at the time of booking, any balance remains unpaid within 12 weeks of the intended departure date, we reserve the right not to issue travel documentation and treat your booking as cancelled. In such circumstances cancellation charges will be applied as set out in Section 6 below.

Payments must be made in the currency of the invoice and you will be responsible for any bank charges that may be incurred. Payments can be made by cheque, bank transfer, debit or credit card. In all cases, a booking will not be confirmed until we are in receipt of cleared funds. For your peace of mind, our site is protected by Starfield Technologies, Inc and all card payments are encrypted using the internationally accepted security system, SSL.

  1. INSURANCE

It is essential and a condition of booking with Black Tomato, that you take out a comprehensive travel insurance policy to cover you before, during and after your trip. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.

  1. PASSPORTS, VISAS AND HEALTH FORMALITIES

We will provide you with general information relating to passport, visa and health formalities relevant to EU citizens of the destinations included in your trip, including approximate periods for obtaining visas. Most countries now require passports to be valid for at least 6 months after your return. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for details. Ultimately, it is your responsibility to ensure that you and your party will be able to obtain, and will be in possession of, all necessary travel documents/visas in advance of travel. It will also be your responsibility to ensure that you and all members of your party will be able to comply with all health formalities for the destination concerned. We will not accept liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation or to comply with relevant health formalities.

If you or any member of your party have any disability, reduced mobility or medical condition, it is extremely important that you tell us before you book in order that we can ensure that the travel experience you are interested in is appropriate to and safe for your needs and make the necessary arrangements to make your experience go safely and smoothly. All health and mobility information will be only be used in order to advise you in relation to your booking and for passing to suppliers of your travel experience in accordance with our Privacy Policy.

  1. INFORMATION

Whilst we make every effort to ensure that the information on our website is accurate and not misleading, it may have been published many months before your travel experience takes place and may be subject to change. We reserve the right to make changes to the website and any information it contains at any time. We will confirm all details of your experience in your booking confirmation. For changes that we may make after we have issued your booking confirmation, please see Section 7 below.

  1. AMENDMENT, TRANSFERS AND CANCELLATION BY YOU

Any cancellation or amendment request must be sent us in writing to our postal address or by email to [email protected] and will not take effect until received by us.

(a) Amendment

If after our booking confirmation has been issued, you wish to change your travel arrangements in any way, we will do our best to assist you in amending your arrangements after booking, but, subject to your right to transfer under the following paragraph, we cannot guarantee that this will always be possible. Any request for changes must be in writing from the person who made the booking. You may be asked to pay an administration charge of £75 in addition to the costs we incur in making those amendments. If we are unable to make the amendments and you decide to cancel, we may require you to pay us cancellation charges in accordance with Section 6(c) below.

(b) Transfers

You may transfer your booking to another person who satisfies all the conditions applicable to your travel contract.  We must receive at least 7 days’ written notice from you in order to make such a transfer. Any additional fees, charges or other costs incurred as a result of transferring your booking will be passed on to you with these costs being advised to you before we effect any transfer. We will also charge an amendment fee of £75 for any transfer. You and the person to whom you transfer your booking shall be jointly liable to us for the payment of the balance due and for any such additional fees, charges or other costs.

Please note that in many cases, scheduled airlines apply 100% cancellation charges and will not permit name changes or other booking alterations to be made (accordingly they may treat a transfer as a cancellation and re-booking).

If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.

(c) Cancellation

You, or any member of your party, may cancel your travel arrangements at any time before the start of the package. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you.

Cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date. Cancellation charges represent our reasonable costs of terminating your contract based on the time of termination of the contract before the the start of the package and the expected cost savings and income from alternative deployment of the travel services where available.

If you cancel your trip more than 12 weeks before your intended departure date (i.e. before the balance due date), the cancellation charge is likely to be the amount of your deposit (including any increased deposit payable as a result of the booking of scheduled flights, see above) although it could be more. Charges for cancellation after the balance due date will usually be more than the deposit amount and will vary due to the complex nature of our travel itineraries. Cancellation charges are likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total price of your booking and you should contact us as soon as possible. Cancellation charges for your trip can be confirmed to you on request at any time including before booking. Please ask for confirmation of the amount of any cancellation charge before cancellation.

Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all of the cancellation charges. Please speak to your insurance provider.

In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party, or any substitute lead and contracting member of the party (see above). This will be the case regardless of which members of the party make the deposit and balance payments for the booking. All refunds will be paid within 14 days of cancellation.

Cancellation charges will not be applied where you cancel due to Unavoidable and Extraordinary Circumstances (as defined in section 7(c) below) occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package or your transport to the destination. In this event you will be entitled to a full refund of any payments made for the package but will not be entitled to any additional compensation.

  1. AMENDMENTS AND CANCELLATION BY US

(a) Amendments before departure

We may have to make amendments to your proposed trip and may do this at any time and we will advise you of any changes that affect your booking before we issue the booking confirmation.

Occasionally, it is necessary for us to make changes after your booking has been confirmed. We are entitled to make minor changes to your booking provided that we inform you.

If, before the start of the package, we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services specified in Schedule 1 of the Package Travel Regulations, or cannot fulfil your special requirements that we have accepted in your booking confirmation,  (“Significant Change”), we will notify you as soon as  possible. Within the period that we shall specify in the notice, you may either: (i) accept the proposed changes; or (ii) terminate the contract without paying a cancellation charge.

If you choose to terminate your contract, you may accept a substitute package where we are able to offer this to you.

Where the changes to your contract or the substitute package offered result in a package of lower quality or cost, you are entitled to an appropriate price reduction.

If you terminate the contract and do not accept a substitute package, you will be entitled to a full refund within 14 days after the contract is terminated. In addition, compensation may be payable for any lack of conformity in accordance with Sections 8 and 9.

(b) Cancellation by us

Whilst we hope we will never have to cancel your trip, this is very occasionally necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better quality. If we can only offer a lower quality, we will offer give you an appropriate price reduction. If we cannot offer you an alternative, we will give you a full and prompt refund of the price of the trip. We will also be liable to pay appropriate compensation pursuant to Section 9 unless:

  1. we are prevented from performing the contract because of Unavoidable and Extraordinary Circumstances and we notified you without undue delay before the start of the package; or
  2. we have to cancel because the minimum number of persons enrolled for the package is smaller than the minimum number stated in the contract and we notify you within the following time periods.
  • In the case of trips lastings more than 6 days, no later than 20 days before the start of the package;
  • In the case of trips lasting between 2 and 6 days, no later than 7 days before the start of the package;
  • In the case of trips lasting less than 2 days, no later than 48 hours before the start of the package.

(c) Unavoidable and Extraordinary Circumstances

Unavoidable and extraordinary circumstances means a situation beyond the control of a party the consequences of which could not have been avoided even if all reasonable measures had been taken by that party (“Unavoidable and Extraordinary Circumstances”).  Unavoidable and Extraordinary Circumstances will usually include, but are not limited to, war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), the inability of airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace), serious security problems such as riots, civil disturbance or unrest due to political instability or terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, significant risks to human health such as outbreak of serious disease at the travel destination, natural or nuclear disaster, fire, flood, drought, earthquake, or adverse weather conditions (actual or threatened) and the Foreign & Commonwealth Office advising against travel to a particular destination.

(d) Travel delays

You may be entitled to claim compensation from your airline under Regulation (EC) 261/2004 in the event of delay, cancellation or overbooking.  See Section 12 below for details.

  1. PERFORMANCE OF PACKAGE

We are liable to you for the performance of the travel services included in the package travel contract (whether those services are to be performed by us or by other travel service providers) – see Section 9.

If after departure you perceive any lack of conformity (as defined in Section 9 below) during the performance of your package travel contract, you must inform us without undue delay.  We will remedy any lack of conformity within the reasonable period that you require, unless that is impossible or entails disproportionate costs, taking in account the extent of lack of conformity and the value of travel services affected. If we do not remedy the lack of conformity within the reasonable period you require, you shall be entitled to an appropriate price reduction for any period of lack of conformity and to appropriate compensation for any damage sustained as a result, in accordance with Section 9.

If we are unable to provide a significant proportion of your trip whilst you are away, we will offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, at no extra cost to you, for the continuation of your trip.  Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, we shall grant you an appropriate price reduction.

You may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate.

If a lack of conformity substantially affects the performance of the package and we fail to remedy the lack of conformity with the reasonable period you specify, you may terminate the contract without paying a cancellation fee and where appropriate request a price reduction and/or compensation for damages in accordance with Section 9.

If we are unable to make alternative arrangements or you reject the proposed alternative arrangement according to the above conditions, where appropriate, you are entitled to a price reduction or compensation for damages, or both, in accordance with Section 10 without terminating the travel contract.

If your package contract includes transport, we will also provide you repatriation with equivalent transport without undue delay and at no extra cost to you.

If we are unable to ensure your return as agreed in the package travel contract because of Unavoidable and Extraordinary Circumstances, we will bear the cost of necessary accommodation (if possible of an equivalent category) for a period not exceeding 3 nights per traveller. The limitation to 3 nights’ accommodation does not apply to persons with reduced mobility (as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before the start of the package.

Our liability under the above paragraph may not be limited by reason of Unavoidable and Extraordinary Circumstances if the relevant transport provider may not rely on such circumstances under the applicable Union passenger rights legislation.

  1. OUR LIABILITY TO YOU: PRICE REDUCTION AND COMPENSATION FOR DAMAGES

We are responsible for the performance of the travel services included in your package travel contract and we will use reasonable skill and care to provide the services or facilities that form part of your booking with us. We will be liable to compensate you if we fail to perform or improperly perform your package travel contract (defined as a “lack of conformity” under the Package Travel Regulations).

You will be entitled to an appropriate price reduction for any period during which there was a lack of conformity, unless we prove that the lack of conformity is attributable to you.

You are also entitled to receive appropriate compensation from us without delay for any damage which you sustain as a result of any lack of conformity. However you shall not be entitled to compensation for damages if we prove that the lack of conformity is:

  • attributable to you;
  • attributable to a third party unconnected with the provision of travel services included in the package contract and is unforeseeable or unavoidable; or
  • due to Unavoidable and Extraordinary Circumstances.

Except in cases involving death, illness or injury, damage caused intentionally or negligently, in any other case where liability may not be limited by law, or in cases which are subject to the international conventions referred to below, our liability for compensation shall be limited to a maximum of three times the total price of your package (not including amendment charges). We shall have no liability for any loss of business or profits or any other indirect loss or damage.

Our liability to you (and your party) is also limited in accordance with the international conventions set out below as if we were a carrier under the relevant conventions as applicable. These conventions limit the amount of compensation that passengers can claim for death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings. The terms of the relevant conventions are expressly incorporated into your contract and copies of the applicable conventions will be provided by us upon request. The relevant international conventions are:

  1. a) in relation to carriage by air, the Montreal Convention;
  2. b) in respect of carriage by rail, the Berne Convention; and
  3. c) in respect of carriage by sea, the Athens Convention.

All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. These are expressly incorporated into your contract with us. Copies of these terms and conditions will be provided by us on your request. Our liability will not exceed that of any carrier.

Any right to compensation or price reduction under the Package Travel Regulations does not affect the rights of travellers under the EU passenger rights legislation. However where you are granted compensation or a price reduction under the Package Travel Regulations and EU passenger rights legislation or the international conventions, we will deduct the compensation or price reductions under the Package Travel Regulations from the other compensation or price reductions granted in order to avoid overcompensation.

Hotels and other tourist services included in your trip are arranged by us with local suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where we organise trips are often lower than comparable standards in the UK. We will at all times endeavour to appoint reputable suppliers. The terms and conditions of hotels and other providers will be applicable and are expressly incorporated into the contract. These may limit or exclude their liability. Local standards of the relevant country will be relevant in assessing performance of the services being performed in that country. In the event of any complaint, the contract will be regarded as having been performed if local standards relating to those services have been satisfied even if the laws of England and Wales have not been met.

  1. ASSISTANCE

Whether or not we are liable for compensation, we will always provide you with appropriate assistance without undue delay if you are in difficulty. This will include providing appropriate information on health services, local authorities and consular assistance, assisting you to make distance communications and helping you to find alternative travel arrangements. We may charge you a reasonable fee for such assistance if the difficulty is caused intentionally by you or through your negligence.

  1. FLIGHTS

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to your departure. Please ask us for at least 72 hours before your outbound flight. You should take note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.

If you book a flight with us you will be issued with an ATOL certificate. See Section 18 for further information.

Where a flight is changed, delayed or cancelled or you are denied boarding of an aircraft for any other reason, you may be entitled to claim compensation from the airline under Regulation (EC) 261/2004. Full details are available at European airports and from airlines. You must lodge any claim for compensation under this Regulation directly with the relevant airline. We are not an air carrier and will have no liability to you in relation to the above Regulation. Please note that any compensation you obtain under these Regulations does not give you an automatic right to obtain compensation from us. Your right to compensation from us is set out in Sections 8 and 9 above. If any payments to you are due from us, any payment made to you by the airline will be deducted from that amount to avoid overcompensation (see also Sections 8 and 9 above)

  1. IF YOU HAVE A COMPLAINT

If you perceive any lack of conformity during your trip, please inform our representatives or the relevant supplier (e.g your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us so that we can remedy the problem and make any alternative arrangements that may be necessary.  If the problem is still not resolved upon your return, please write to us within 28 days of your return to our Customer Services Department at LG Floor, 4-14 Tabernacle Street, London, EC2A 4LU, giving your booking reference and other information. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint at the time the problem occurred and this may affect your rights under this contract.

We are a Member of ABTA, membership number Y6071. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs.  The upper limit on claims is £5,000 per person and £25,000 per booking. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com

You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

  1. SPECIAL REQUESTS

Whilst we will endeavour to comply with any special requests we receive (such as specific airline seating, dietary requirements or specific rooms and will pass any special requests to the relevant supplier. However, we are unable to guarantee compliance with such requests and are not liable for any loss suffered in the event of such requests not being complied with.

  1. EXCURSIONS AND ACTIVITIES

Where excursions and/or activities are booked and paid for in advance as part of the price of the trip and detailed on our booking confirmation, these will form part of the package contract with us. We undertake to use reasonable skill and care in selecting suppliers who provide excursions and activities as part of your contract.

Any excursions and/or activities that you decide to purchase at any time from a local supplier or third party once your trip has commenced, will not form part of your contract with us. Your contract for such excursions/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and we have no liability whatsoever for the performance of that excursion or activity.

  1. DATA PROTECTION

In order to enable us to process and fulfil your booking, we will ask you to provide us with personal information including  name, address, email address, telephone number, details of group members that are travelling, we well as any special needs, health, medical, mobility or dietary requirements. Black Tomato Limited is the data controller of any personal information that you provide to us under the General Data Protection Regulation 2016/679 and the Data Protection Act 2018 and is registered with the Information Commissioner’s Office.

In order to ensure that your holiday is appropriate for your specific needs that you have disclosed to us, for example, a medical condition or reduced mobility, we or the suppliers of your travel arrangements may require further details. We will ask for your explicit consent to collect and share this information as necessary with the suppliers of your travel arrangements in order to fulfil your booking.

We may pass personal information that you provide to us (including health and mobility information as explained above) on to relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and local tour operators and destination management companies as necessary to fulfil your contract.

In order to process and fulfil your contract, your personal information may also be provided to public authorities such as customs and immigration, security and/or credit checking companies, credit and debit card companies and government and enforcement agencies if required by them in order for us to fulfil your booking, or as required by law. Your personal information may be shared with the police or other law enforcement or crime prevention agencies for security purposes.

If you travel outside the European Economic Area (EEA), your personal information may have to be sent to suppliers and other third parties outside the EEA where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any health issues, disabilities or reduced mobility. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot properly effect your booking. We will ensure that adequate safeguards are in place before transferring any of your personal information outside of the EEA. Please see our Privacy Policy for further details.

If you are travelling to the US, the US Customs and Border Protection require us to provide them with your personal information for the purposes of preventing and combating terrorism and other transnational serious crimes. International travellers who are seeking to travel to the US under the Visa Waiver Programme (VWP) are now subject to enhanced security requirements and will be required to complete an ESTA (Electronic System for Travel Authorisation) 72 hours before departure and pay an administrative fee. This can be completed on the following website: https://esta.cbp.dhs.gov/.

For other details of how we may use your personal information and your rights in relation to your personal information, please see our Privacy Policy.

  1. JURISDICTION

This contract is governed by English law and is subject to the jurisdiction of the English courts. You may however, choose the law and jurisdiction of Scotland and Northern Ireland if you wish to do so.

  1. DOCUMENTATION

We will endeavour to send your tickets, hotel vouchers and final information regarding your trip approximately 2 weeks prior to departure either by First Class post or e-mail. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you.

  1. YOUR FINANCIAL PROTECTION

We provide full financial protection for all of the packages that we sell.

Flight packages: For package holidays including flights, this is through Hays’ ATOL no 10531 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email [email protected] (the “CAA”). In the unlikely event of our insolvency, the CAA will ensure that customers booked on a flight-based package holiday or are not stranded abroad and will arrange to refund any money you have paid to Black Tomato for an advance booking. For further information visit the ATOL website at www.atol.org.uk. When you buy a flight-inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are 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 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.

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, 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.

Non-flight packages: We are a Member of ABTA which means you have the benefit of ABTA’s assistance and Code of Conduct. All the non-flight package holidays that we sell are covered by a scheme protecting your money if the supplier fails. In the unlikely event of our insolvency, ABTA will ensure that customers are not stranded abroad and will arrange to refund any money paid to us for an advance booking.

Other services such as hotels on their own may not be protected and you should ask us what protection is available.

  1. CONTACT US

Our normal office hours are 9am until 7pm weekdays GMT and 5am until 2pm weekdays EST. Our office numbers are UK: +44207 426 9888 and US: 1 646 558 3644. All Black Tomato clients travelling will also be able to contact us on our 24 hour number: +44 7921 214 391. Our fax number is +44 207 247 3714.

To contact via email please use [email protected].

Our registered office and principal place of business in the UK is at LG Floor, 4-14 Tabernacle Street, London, EC2A 4LU.

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THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018

PART 1

General

The combination of travel services offered to you is a package within the meaning The Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, you will benefit from all EU rights applying to packages. Hays Tour Operating Limited trading as Black Tomato (“Black Tomato”) will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, Black Tomato has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

More information on key rights under The Package Travel and Linked Travel Arrangements Regulations 2018 (is provided in the form of a hyperlink in Part 2 below).

PART 2

Key rights under The Package Travel and Linked Travel Arrangements Regulations 2018

  • Travellers will receive all essential information about the package before concluding the package travel contract.
  • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
  • Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
  • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
  • The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
  • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
  • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
  • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
  • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
  • Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
  • The organiser has to provide assistance if the traveller is in difficulty.
  • If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer, becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Hays Tour Operating Limited trading as Black Tomato (“Black Tomato”) has taken out insolvency protection with the Civil Aviation Authority (“CAA”) (the entity in charge of the insolvency protection for flight packages) and the Association of British Travel Agents (“ABTA”) (the entity in charge of the insolvency protection for non-flight packages). Travellers may contact the CAA at Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email [email protected]; or ABTA at The Travel Association 30 Park Street London SE1 9EQ 020 3117 0500 www.abta.co.uk), or where applicable the competent authority, if services are denied because of Black Tomato’s insolvency.

PART 3

The Package Travel and Linked Travel Arrangements Regulations 2018

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