Please read these terms and conditions carefully. Whether making a booking, over the telephone or online you agree to be bound by these Terms and Conditions.
In these Terms and Conditions:
Canadian Affair', 'TASC', 'we', 'our' and 'us' mean The Airline Seat Company Limited; you' and 'your' mean any person contracting with us under these Terms and Conditions and any person booked to travel as a passenger pursuant to a booking; and
'booking' means a booking made for one or more flights, holiday or package which is accepted by us in accordance with these Terms and Conditions;
'departure' means the date of your first flight booked with us;
'force majeure' means reasons beyond our control including (but not limited to) war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, flood, adverse weather conditions;
'major change' includes the following when made before departure: (a) a change of resort area for the whole or a major part of your holiday; (b) a change of accommodation to that of a lower official classification for the whole or a major part of your holiday; (c) a change of UK departure airport (excluding change of London Airports); (d) a change of outward departure time or overall length of your holiday of twelve or more hours;
'package' means a package as defined in The Package Travel, Package Holidays and Package Tours Regulations 1992.
Your Financial Protection
The flights & holidays (including package holidays) we sell in the United Kingdom are ATOL Protected by the Civil Aviation Authority ("CAA"). When you buy an ATOL protected flight or flight inclusive holiday you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser's Licence number 3971. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you may have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
If you book arrangements other than a package holiday (for example, accommodation only), the financial protection referred to above does not apply.
Our contact details
If you have any queries about your flights or holiday or these Terms and Conditions or need to contact us for any other reason please contact us at Hillgate House, 13 Hillgate Street, London W8 7SP or by email at firstname.lastname@example.org or by telephone at London 020 7616 9999, Glasgow 0141 248 6777.
1. WHO YOUR CONTRACT AND BOOKING IS WITH AND WHEN IT IS EFFECTIVE
Our details: Your contract will be with The Airline Seat Company Limited trading as Canadian Affair a company registered in England and Wales with registration number 3030025 and with its registered office at Hillgate House, 13 Hillgate St, London W8 7SP.
Our flights are operated for us by Air Transat, an airline licensed in accordance with Canadian law. The address of Air Transat is 5959 Côte-Vertu Blvd, Montreal, Quebec, H4S 2E6, Canada.
We will try to provide the aircraft type specified to you at the time of booking. However, we cannot guarantee any particular aircraft. We reserve the right to substitute a different aircraft type. This may be necessary for operational, safety or security reasons or because of unusual or unforeseen circumstances beyond our control. There may be occasions where it is necessary for us to temporarily supplement our services with aircraft operated by a different airline from the one advised to you at the time of booking. In such circumstances, we shall try to ensure that you receive the same level of service and baggage allowance advertised for your flight but we cannot guarantee that this will always be possible.
These Terms and Conditions should be read in conjunction with the Conditions of Carriage of our airline, which also apply to you. Their Conditions of Carriage available at www.airtransat.co.uk are incorporated in your contract with us and contain important provisions affecting you, including conditions which may be additional to those expressly set out in these Terms and Conditions. As with these Terms and Conditions, you should refer to them before booking your flight. Those Conditions of Carriage are also available upon written request to us.
When your contract and booking with us will be effective: Your booking and contract is effective once we have sent your confirmation invoice by email we have received payment of the deposit or the total price (as applicable) for the flights or holiday you have requested.
Confirmation invoices will be sent by email to the email address you supplied during the booking process online or over the phone.
For parties of two and more, the person who makes the booking with us over the telephone or who submits the online booking form ("the lead name") agrees to these terms and conditions and to make payment on behalf of all members of the party.
Once our contract with you is effective we are responsible for providing the flights or holiday shown on the confirmation invoice and you are responsible for paying for them, in each case subject to these Terms and Conditions.
Please note: It is important that you check your confirmation invoice carefully as soon as you receive it to make sure that it accurately reflects all details of the booking you have requested. This includes the names of those travelling which must be the same as their names as shown in their passports. If you notice any discrepancy, please contact us as soon as possible after receipt. If you do not do so and want to cancel or change your booking at a later date you will have to pay amendment or cancellation costs. These are detailed in section 6 below and could be as much as the cost of the whole flight or holiday. No changes or refunds are permitted on Instant Purchase bookings.
Insurance: We strongly recommend that our travel insurance is taken out at the time of booking as this will provide cover against cancellation in certain circumstances. Full terms of that insurance are available at www.canadianaffair.com/travel-insurance. If you do not take our travel insurance then it is your responsibility to take out other insurance with suitable cover against cancellation and other risks.
All Eco Fare flights and holidays booked must be paid for in full at the time of booking.
For other bookings the following provisions apply:
Deposit – Eco Extra flights require a deposit of £200pp (including infants where a seat has been purchased) to be paid at time of booking. You will receive a confirmation invoice email which will show the final balance payable and the date of final payment.
Flight bookings with holiday arrangements require a 20% deposit on the total cost of the holiday products in addition to the flight deposit of £200pp. Some holiday arrangements require a larger deposit such as Cruise or Rocky Mountaineer and these will be advised at the time of booking. Holiday only (no flight) bookings are subject to a £25 booking fee in addition to the deposit as outlined above.
Final Payment - The final balance as shown on the confirmation invoice must be received by us no later than the due date on your confirmation invoice. You are responsible for ensuring that payment reaches us in time. You must contact us directly or visit our website to make full payment. The final balance will not automatically be debited from the credit/debit card originally used to pay the deposit. Failure to make full payment on time will result in the booking being cancelled with loss of deposit.
Credit card processing fee - All payments for flights & holidays made by credit card, will be subject to a 2%-2.5% processing fee.
3. LUGGAGE ALLOWANCES
Luggage Allowances and rules related to the carriage of baggage are set by the airline which carries you. The applicable allowances are stated on your E ticket or on our website. If you exceed the permitted luggage allowance any payments for excess baggage are your responsibility. For further information on baggage and excess charges please visit www.canadianaffair.com/en/useful-info/
4. TICKETING AND TRAVEL
Travel Documents: A link to your E Ticket will be sent by email 4 weeks prior to departure to the email address you provided at the time of booking. You must print and present this at check- in for all your flights in order to travel. It is your responsibility to let us know if you have not received your E Ticket.
It is vital that you read your E Ticket in full as soon as you receive it as it contains the most up to date flight details. Please note that these may have changed from the details on your original booking confirmation invoice.
The name for each member of your party as shown in their passports must be the same as on the E Ticket, otherwise they may not be permitted to travel. If any of your party changes their name after booking for example, after marriage, you must notify us immediately.
You must make sure that we have up-to-date contact details for you at all times: Please notify us immediately if you change your phone number, email address or other address. We shall not be responsible if your confirmation invoice or E Ticket fails to reach you in time, for example, if you have failed to provide us with up to date contact information or because it has been blocked by any firewall, spam filter or other means of electronic protection or by reason of any other failure in transmission.
Reconfirmation of flights: Should you want to check on the day of departure that the flight is running on time, please call the airport locally. We recommend if you are staying longer than 3 weeks that you check the airline website for any changes to the schedule.
5. OUR LIABILITY TO YOU
We have taken reasonable and proper steps to ensure that arrangements have been made for the flights which are advertised on our website and in our brochure.
(1) In respect of Packages
We promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted 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 your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the courses of their employment or carrying out work we had asked them to do.
(2) In respect of other arrangements
We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Terms and Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your flight/accommodation/car hire, as well as using our reasonable skill and care in choosing our suppliers.
(3) In respect of Packages and other arrangements
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable; or
by reason of an event of "force majeure" as defined above.
(4) Except as specifically set out in these Terms and Conditions, we will not accept any further or different liability than the Package Travel, Package Tours and Package Holdings Regulations impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
(5) We limit the maximum amount we may have to pay you for any claims you may make against us.
The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is a maximum of £50 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is equivalent to the value of the holiday cost per person (excluding 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. 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) Our liability to you for delay,
death or bodily injury, or delay or damage to your baggage during or as a result
of, carriage by air is limited in accordance with international conventions
which govern carriage by air. These international conventions include The
Montreal Convention www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/ (1999) and The Convention for the Unification of Certain Rules
Relating to International Carriage by Air, www.jus.uio.no/lm/air.carriage.warsaw.convention.1929/doc.html signed at Warsaw, 12 October 1929 ("the Warsaw
Convention"); and the Warsaw Convention as amended at The Hague on 28
September 1955, as amended by Additional Protocol No. 1 of Montreal (1975),as
amended at The Hague and by Additional Protocol No. 2 of Montreal (1975), and
as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); and
as supplemented by the Guadalajara Convention (1961) where applicable.
The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them or view them online. You should also note that these conventions limit or remove the airline's liability to you and the amount which the airline has to pay you. The airline will rely upon its 'conditions of carriage' which may limit or remove its liability to you and limit compensation under these international conventions.
Operational decisions may be taken by airlines and airports resulting in delays, diversions or rescheduling. We have no control over such decisions, and are therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or cancel your flight after departure, but before the end of your stay abroad, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly against us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to above.
(7) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (for example, the Bern Convention of 1961 on carriage by rail and the Athens Convention on carriage by sea). Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and regulations are available from us on request.
(8) If we make any payment to you or any member of your party for any liability referred to above you and they must give us or our insurers the rights you or they may have to take action against the person or organisation responsible for causing such delay, death, bodily injury or damage and must co-operate fully with us in seeking recovery of any payment we make.
(9) Local Excursions/Activities/Events:We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website (for example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you). Excursions, tours, activities or other events that you may choose to book or pay for whilst you are on holiday ("Local Events") are not part of your holiday provided by us and these website Terms and Conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
(10) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
6. CHANGES/AMENDMENTS AND CANCELLATION BY YOU
Changes or cancellation of flights booked on or before 21st May 2014
Instant Purchase flights are non-refundable, non changeable and non transferable.
Standard Purchase flights - changes to standard purchase flights outside of 10 weeks before departure, will incur loss deposit and to rebook the new flight at the current price.
Any request for changes to be made must be from the 'lead passenger' in the booking
If you want to make a change to a standard purchase flight within 10 weeks of departure the below cancellation fees apply.
|Time prior to departure||Travel Cost|
|Over 70 days prior to departure||Loss of deposit|
|69-14 days prior to departure||80% of total travel cost|
|13-7 days prior to departure||90% of total travel costs|
|Less than 7 days prior to departure||100% of total travel costs|
Changes or cancellation of flights booked on or AFTER 21st May 2014
|Change Fee||No changes permitted||£100*||£100*|
|Cancellation Charge||Non refundable||£200||£125|
* Plus any airfare difference.
** You must contact us 12 weeks prior to departure to make the final payment.
Changes and cancellations are not permitted within 24 hours of departure.
Changes or cancellation of holiday arrangements/packages.
Holiday arrangements booked with Instant Purchase flights - the holiday arrangements/packages cancellation terms are the same as outlined in the cancellation fees above. (Note Instant Purchase flights are non refundable and non changeable and non transferable).
Holiday Arrangements or Packages booked with Standard Purchase Flights - The holiday arrangements/packages cancellation terms are the same as outlined in the cancellation fees above.
Note: Cancellation terms for holiday/package arrangements may vary according to the supplier. Cruise, Rocky Mountaineer, Motorhomes, Activity & adventure holidays etc may mean that the cancellation fees and the period of cancellation are higher than outlined above. Changes to holiday arrangements or packages once booked are subject to the suppliers' change and cancellation fees and may not be allowed. Please ask for details. Suppliers' cancellation and change terms are subject to change and we reserve the right to do accordingly. Note: Travel Insurance policies once the 14 day cooling off period has passed are 100% non refundable.
Change to the number of persons travelling: If you request to change the number of people travelling in your booking and have holiday arrangements or packages booked, cancellation fees outlined above apply for the people cancelling. Where cancellation is requested more than 70 days prior to the departure date, the overall price will be recalculated on the basis of the amended party size and we will send you a revised confirmation invoice showing the new total and any cancellation fees applicable.
Where notice of cancellation is received within 70 days of the date of departure the holiday arrangements or package will be re priced to the number of passengers remaining and we will refund any monies due.
How to Cancel
You must notify us of cancellation of a booking/part booking in writing sent by post or email from the "lead passenger" on the booking to email@example.com. Cancellation charges apply as outlined above and are calculated from the date on which we receive notice of cancellation.
Note: We recommend that you have suitable travel insurance to assist with unexpected cancellations. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to make a claim. Please refer to your insurance provider's cancellation policy.
7. CHANGES/AMENDMENTS TO BOOKINGS BY US AND CANCELLATION BY US AND OTHER LIMITATIONS OF LIABILITY
If we make a change to your booking: It is unlikely that we will have to make any changes to your travel arrangements. However we may sometimes make changes or cancel flights and we reserve the right to do so at any time.
Minor changes to your travel arrangements include (but are not limited to) change of carrier, change of aircraft type, interior layout or aircraft touchdown, alteration of your outward/return flight by less than 12 hours and any minor changes to your travel arrangements. You will not have any rights to cancel your flights or receive any compensation from us in respect of any minor changes to your flights (save where we are required to do so under applicable law or any Convention).
We also reserve the right in any circumstances to make any changes to or cancel your travel arrangements.
If we make a major change to your travel arrangements or cancel your flight or holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative flights or holiday of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booking and receiving a full refund of all monies paid.
You will not have any rights to receive compensation if we make a major change to your travel arrangements or cancel a flight or holiday by reason of an event of force majeure.
Our flights are operated by selected airlines such as Air Transat on Airbus A330 and A310 aircraft. We reserve the right to substitute alternative carriers, aircraft types and interior layouts to those set out above or otherwise. A change of carrier, aircraft type or interior layout will not give you any right to receive compensation or to cancel your booking except in accordance with our standard cancellation terms, see above. Changes of aircraft due to long delays or technical problems do not warrant. compensation.
Due to the unpredictability of force majeure events, we shall not be liable for any changes either before departure or during the holiday, which in our opinion are necessary to protect your safety. In this event, we will offer you suitable alternative arrangements, or, if you do not travel, return the monies you have paid us but we will not pay you compensation.
In all cases, except where the major change arises due to reasons of force majeure and subject to the exceptions above , we will pay compensation as deemed appropriate.
We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
We reserve the right to alter the prices of any flights, holidays or products shown in our brochure or on our website. You will be advised of the current price of travel at the time of booking. Government action in the United Kingdom or abroad may require or permit us to collect additional taxes and surcharges at any time prior to commencement of travel.
In respect of package holidays, changes in fees (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of departure. In relation to package holidays, we will absorb and you will not be charged for any increase equivalent to up to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements (excluding insurance premiums and amendment charges), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality, you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of monies paid, except for any amendment charges and cancellation charges already incurred. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, 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 travel due to contractual and other protection in place.
Airport taxes and charges are shown on your confirmation invoice and they include the current UK Air Passenger Duty and the overseas airport taxes where they have to be collected in advance at the time of booking. Every attempt has been made to ensure details in our brochure and website are correct at the time of printing/display.
9. HEALTH MATTERS AND TRAVEL DOCUMENTS AND REQUIREMENTS AND OUR RIGHTS TO REFUSE TO CARRY YOU IN CERTAIN CIRCUMSTANCES
Health Matters: At the time of publication of these terms and conditions no compulsory vaccinations are necessary for British Citizens travelling to Canada. If you require any advice on recommended health precautions for Canada or any other destination you may be travelling to and/or you are not a British Citizen you should consult your doctor. The Department of Health publishes leaflets containing advice to travellers on health, and these are available free from your doctor or by telephoning 0300 123 1002. Additionally British travellers can get up to date information from the Foreign and Commonwealth Office at www.fco.gov.uk/knowbeforeyougo
Special Assistance: This is particularly important if you are pregnant, elderly or travelling with young children. If you have a disability or require any special assistance please advise us at the time of booking. If you do not tell us until after you have made your booking and subsequently are not eligible to travel with us, you may not be entitled to a refund or reimbursement.
Passport/Visa requirements: The information in this section 9 applies to British Citizens only. We believe that it is up to date at the time of publication but it is your responsibility to check current visa and entry requirements for Canada and any other countries you may be visiting. People other than British Citizens should check the visa and entry requirements that apply to them. Travel entry requirements to Canada may be checked with the Canadian High Commission on www.cic.gc.ca.
A full valid passport is required for travel to Canada (which must have at least six months left to run after your departure date). Children will also need their own passport.
Please Note: It is your responsibility to have a valid passport and the appropriate visa for your destination, and any visa for transit points if required. Should your travel to Canada also involve travel into the USA, you will need to check that your passport and visa requirements are met by the appropriate US authorities. All passengers entering the USA must complete the online Visa Waiver form by visiting esta.cbp.dhs.gov/esta/ - a fee is charged for this waiver form.
The airline on which you have booked may refuse to carry you and/or you may not be allowed entry into Canada if you do not meet the necessary passport/ visa or other entry requirements. We do not accept any responsibility if you fail to have the correct documents for travel or entry into Canada.
We may decide to refuse to carry you if in our reasonable opinion carrying you would be in breach of any laws, regulations or orders in any country.
We and any airline with which you are booked reserve the right to refuse to allow you to check-in or board an aircraft if we consider your passport not to be valid or that it is unlikely to be in a suitable condition to be acceptable to the authorities. We employ a screening company at all our UK and Irish airports and if they recommend to us, we reserve the right to refuse travel. If you or any member of your party is refused check-in, boarding or travel for the reasons set out in this paragraph you will not be entitled to any compensation or to any refund of any monies paid to us.
If you are denied entry into any country, you will be responsible for paying any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket or any of your funds in our possession.
Unfortunately there are occasions completely beyond our control when a flight is delayed. The airline will endeavour to provide light refreshment on a delay exceeding 3 hours, a meal at meal times if the delay is more than six hours, and accommodation if appropriate on a longer delay. We will not do these ourselves as such arrangements will be taken care of by the airline. If you have taken out our recommended travel insurance you should have cover against delays. Our handling policies for delays are the same for both UK and Canadian departure airports.
Under European Community law you have
rights in some circumstances to assistance, refunds and/or compensation from
the airline in cases of denied boarding, cancellation or delay to flights. Full
details of these rights will be publicised at applicable airports and should
also be available from the airlines. We are not liable for such payments under
European Community Law. If your airline does not comply with these rules you
should complain to the Civil Aviation Authority (CAA) on 0207 240 6061 and
11. YOUR CONDUCT ON BOARD AND OUR RIGHT TO REFUSE YOU BOARDING OR CHECK-IN
We or our airlines may refuse carriage
to any person or offload him or her at any airport without refund of fare or
compensation if it is considered that:
a) carrying the passenger or his baggage might endanger the safety of the aircraft, its passengers or crew;
b) the passenger is drunk or under the influence of alcohol or drugs;
c) the passenger is, or there is reason to believe he or she is, in unlawful possession of drugs;
d) the passenger's mental or physical state is a danger or risk to the passenger, the aircraft or any other person on it;
e) the passenger has refused to allow a security check of himself or his baggage;
f) the passenger has disobeyed instructions relating to safety or security from the ground staff;
g) the passenger has persistently used threatening, abusive or insulting words to a member of our staff, a member of the airline's staff, to another of our passengers, to any member of airport staff or a ground handling agent, or might cause distress or annoyance to any other person on the aircraft;
h) the passenger has behaved in a threatening, abusive or insulting way towards a member our staff, airline staff or ground handling agent;
i) the passenger has made a bomb threat;
j) the passenger has committed a criminal offence during the check-in or boarding processes or on board the aircraft prior to take-off or there is reason to believe he or she has done so.
Conduct on board
In accordance with national and international laws the Captain is in command of the aircraft and every person on board must obey his or her lawful commands. All Captains of aircraft operated by our airlines have authority to deal with passengers who misbehave, are disruptive, or otherwise cause problems by whatever means the Captains think fit. This may include forcible removal from the flight and handing over those persons to security personnel or police on the ground. If a passenger causes any damage whatsoever or his or her actions cause us or our airlines to incur any costs (including the costs of a diversion of the aircraft, which may be substantial) he or she will be liable for the full amount of such costs.
No Smoking Policy
In common with many other transatlantic carriers, our airlines operate a no smoking policy on all flights to and from the UK.
12. CONNECTIONS AND MISSED FLIGHTS
Missed Flights: Neither we nor any of our airlines accept responsibility for missed connections and we will not refund any costs incurred arising from a missed flight. We advise that Canadian Affair travel insurance only covers missed departures on the first outbound and first inbound flight. Should you not check in for your outbound/return flight, this is classed as a "no-show"; your outbound and return seat will be automatically cancelled with full loss of fare. We are a point to point carrier and are not responsible for any forward connecting arrangements.
13. OTHER APPLICABLE TERMS
Unaccompanied Minors: Air Transat has a VIP service for children between the ages of 8 and 11 years old who travel alone. The VIP service carries a charge of £65 in the UK and $100 in Canada (Subject to change) per flight segment and must be paid directly at the airport, in addition to their airfare. This service must be pre-booked at the time of booking the flight and there are procedures that must be followed at check-in and arrivals. You will be informed of these details at the time of booking. Passengers between the ages of 12 and 15 years old can travel alone as 'Youth Passengers' with Air Transat. Air Transat does not carry unaccompanied children under the age of 8.
Special requests: All special requests (such as meal types, seating request, etc) are on a request basis and are never guaranteed.
Passengers with disabilities and who may need extra help to book or to board or disembark from their flights or whilst on board the aircraft must let our sales consultants know at the time of booking and extra help and advice will be given.
Pre-selection of seats: We endeavour to deliver any pre-selected seats on the day of departure; however there are occasions (such as aircraft changes due to delays, unscheduled aircraft maintenance or aircraft type change) on which this is not possible. We will always try to match the seat requested and replace the seats in the same seating area and position (i.e window, aisle). Where the seating arrangements change for any reason we will not refund or offer compensation.
Complaints:We aim to provide the best service possible. We are a member of the Association of British Travel Agents (ABTA), membership number [W131X]. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. If you are not satisfied with your flight or holiday please let us know as soon as possible. Complaints must be made in writing within 1 month of your return date. If you have special needs which prevent you from writing to us, then where possible, we will accept details of the complaint over the telephone. However, before complaining please refer to these Terms and Conditions and in particular to Section 5 on Limitation of Liability.
Complaint case files will be closed strictly 30 days after the date of final written correspondence once closed case files will not be re-negotiated or re-opened. We aim to resolve all complaints by ourselves but if this is not possible your complaint can be considered under a scheme arranged by ABTA, and administered independently by the Chartered Association of Arbitrators. We will give you details of this scheme if requested. The scheme does not apply to claims over £25,000 in total or more than £5,000 a person, or to claims mainly about illness or injury. To use this scheme you must contact the Chartered Institute of Arbitrators within 12 months of your return date.
Canadian Affair has measures in place to protect the personal booking information held by us. This information will be passed on to the relevant airline. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. Full details of our data protection policy are available upon request or at www.canadianaffair.com/privacy-policy. We respect your privacy and your details will not be passed on to third parties for marketing or other purposes.
16. GOVERNING LAW AND JURISDICTION
Your contract with us and these Terms and Conditions are governed by English Law. Any dispute between you and us concerning or arising out of such contract or these Terms and Conditions in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
Updated 08 May 2014