Reservations (Bradford Office)

0844 844 9666

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Terms and Conditions

TRADE PARTNER AGREEMENT

Gazelle Travel Ltd trading as Faremine.com (“we” or “us”) of 15 North Parade, Bradford, BD1 3JL
And
Partner Trading Name (“You”)

APPOINTMENT

From the date of this Agreement, we appoint you to be our non-exclusive agent for the retail sale of arrangements detailed on www.faremine.com (‘Agency Sales’) or authorise you to sell the arrangements detailed on www.faremine.com to consumers of those arrangements as principal to the contract for those arrangements (‘Principal Sales’). 
You accept this appointment and you agree to sell the arrangements and perform the other obligations set out in this Agreement.

In this Agreement, references to "you" and "your" mean the trade partner detailed above (in the case of Principal Sales) or the first named person on any booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred (in the case of Agency Sales).  References to ‘arrangements’ in these conditions means the accommodation, flights excursions, activities, transfers, and any other services featured on our website at  www.faremine.com.

Your use of the website www.faremine.com is expressly conditional on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the site.

OWNERSHIP

www.faremine.com, and each of its modules, is our copyrighted property or that of our various third party providers and distributors. Much of the content found on the site is owned by third party providers and distributors. None of the content or data found on the site may be reproduced, sold, transferred, or modified without our express written permission or that of our third party providers and distributors.

USE OF SITE

You may only use www.faremine.com to make legitimate reservations or purchases and shall not use the site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

WEBSITE ACCURACY

We endeavour to ensure that the details of all products, including prices, displayed on our websites are accurate. However, given the high volume of flights, hotels and other products offered it is inevitable that, in exceptional cases, mistakes will arise. We cannot accept liability for these errors.

These terms and conditions govern both the booking of all arrangements (Section A) and the terms on which we authorise you to make sales of those arrangements to consumers (Section B).

SECTION A - TERMS ON WHICH WE WILL MAKE A BOOKING FOR YOU

PRICE POLICY

All prices are quoted in £'s sterling. The prices quoted, shown on our website, and in supplementary promotional material, apply at the time however are subject to change without notice. The price of arrangements will be confirmed on booking. The price of confirmed arrangements is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport provider; and to changes in the currency exchange used to calculate the cost of the arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of the price of confirmed arrangements. However, once we have issued a ticket or voucher in respect of confirmed arrangements, the price of those arrangements will not increase.

PAYMENT

A binding contract for arrangements will come into existence between you and us as soon as you have made all payments due and we have issued you with a confirmation email that will confirm the details of your booking. It is your responsibility to check this email, and to urgently advise us if there are any errors or omissions. We will not accept liability for any matter arising as a result of such error or omission if you fail to do so. Alteration or cancellation of the booking by you once a confirmation of booking email has been issued will be subject to the charges outlined in the ‘if you change or cancel your booking’ section below.

IF YOU CHANGE OR CANCEL YOUR BOOKING

If you wish to change or cancel your booking after the confirmation email has been sent, you should contact us in writing via email to reservations@faremine.com and we will try to meet the request. All changes are strictly subject to availability at the time of request. If we are able to make the change requested, a non-refundable administration fee will be payable,  as well as  any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. As arrangements are supplied by third party agencies, these third party agencies may have their own cancellation policies that we will apply to our contract with you as well as an administration fee of £30 per booking cancelled as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any suppliers. You should be aware that costs associated with changes and/or cancellations could increase the closer to the date that arrangements are to take place so you should contact us as soon as possible. Refunds inevitably take some time to process and you should allow 8 – 12 weeks for the payment to be refunded.

IF WE CHANGE OR CANCEL YOUR BOOKING

On occasion it may be necessary to amend certain arrangements or cancel them. We reserve the right to amend or cancel arrangements at any time. If we have to make a major change or cancel your arrangements, we will tell you as soon as possible and if there is time to do so before the arrangements are due to start, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid in respect of the changed or cancelled element or iii) accepting an offer of alternative arrangements of a standard comparable to the arrangements affected from us, if available. You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements.

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of any change or cancellation. The above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

FORCE MAJEURE

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

LIABILITY

(1) We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers with reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

(2) We will not be responsible:-

(i) where the arrangements cannot be provided or cannot be provided as described due to circumstances beyond ours or the applicable supplier’s control;

(ii) where you incur any loss or damage that relates to any business activity; or which could not have been foreseen at the time you made your booking in the light of the information you gave to us at the time of booking;

(iii) for any information about the arrangements that we pass on to you in good faith;

In the event that we are found liable to you under these terms, our maximum liability to you is limited to the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected).

We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

The extent of our liability will in all cases be limited as if we were carriers under the appropriate International Conventions available from us on request. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you and your customers on that journey and will be incorporated into this contract. In any circumstances in which a carrier is liable to you or your customers by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are due to receive from the carrier or accommodation provider for the complaint or claim in question.

It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

IF YOU HAVE A COMPLAINT

Any complaints arising out of any arrangements must be reported to the relevant local supplier. If you wish to complain after the arrangements have been concluded, please contact us in writing within 28 days to Faremine.com, 15 North Parade, Bradford, BD1 3JL. We will not accept any liability for any claims or complaints if you have not acted in accordance with this clause.

DISABLED CLIENTS

We must be advised at time of booking of any disability and special requirements. Special facilities can be requested but may not be guaranteed. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

SPECIAL REQUESTS

Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests but we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met and it we will not be in breach if this contract if it is not.  We do not accept bookings that are conditional upon any special request being met.

CONDITIONS OF SUPPLIERS.

The services which make up your booking are provided by independent suppliers.  Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us.  Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions.  Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

SECTION B - TERMS ON WHICH WE AUTHORISE YOU TO SELL ARRANGEMENTS YOURSELF

We authorise you to:-

i) act as our non-exclusive retail agent to sell or supply  arrangements within the United Kingdom to consumers (‘Agency Sales’) or to

ii) sell arrangements to consumers by entering into a direct contract with them, as principal to that contract (‘Principal Sales’).

TERMS APPLICABLE TO PRINCIPAL SALES

In respect of all Principal Sales you agree:-

To ensure that any contract for any arrangements incorporates a set of booking conditions which clearly set out a contract between you and the purchaser of any arrangements for the supply of arrangements by you as principal before you confirm any booking.

To create and despatch contractual documentation in such a manner so as to ensure that it is clear to the purchaser of any arrangements that the contract for arrangements is between you and the purchaser of any arrangements.

Not to represent to the consumer that their arrangements will be protected by any scheme run by us for financially protecting their forward payments and repatriation in respect of arrangements. For the avoidance of doubt, you must arrange your own appropriate and adequate financial protection for all Arrangements which amount to a ‘package’ under the Package Travel Regulations 1992 to include all pre-payments and repatriation and you must hold a valid Air Tour Organiser’s Licence issued by the CAA in respect of any sales of flights, flight-inclusive packages or flights sold with accommodation or transfers.

To sell the arrangements at prices determined by you at your discretion, but having regard to recommendations issued by us.

TERMS APPLICABLE TO AGENCY SALES

In respect of Agency Bookings you agree:-

To ensure that any contract incorporates a set of our booking conditions  before you confirm any booking.

To create and despatch contractual documentation in such a manner so as to ensure that it is clear to the consumer that the contract for arrangements is between us and the consumer.

Represent to the consumer that their arrangements will be protected by a scheme run by us for financially protecting their forward payments and repatriation in respect of arrangements.

To apply the cancellation and amendment charges contained in our booking conditions relating to the arrangements (available from us on request) to any cancellation or amendment requested by any consumer of the arrangements.

To sell the arrangements at the selling prices detailed on www.faremine.com and not to mark up the price of any arrangements

TERMS APPLICABLE TO ALL BOOKINGS

In respect of sales of all arrangements you agree:-

To comply with all relevant laws and regulations, including the Package Travel Regulations 1992, the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995, the Consumer Protection from Unfair Trading Regulations 2007, the Data Protection Act 1998 and the ABTA Code of Conduct (including any amendments) and/or any Trade Body of which you are at any time a member, insofar as they affect your activities.

To give accurate and complete descriptions of arrangements and not make any representations, verbally or in writing, which are inconsistent with those appearing on our website or which are inconsistent with information previously given by us or the applicable supplier.

To ensure that the consumer of any arrangements and all members of his/her party have or take out suitable and adequate personal travel insurance (including cover for cancellation charges plus 24 hour emergency medical assistance and cover for medical expenses and medical repatriation).

To ensure that the consumer of any arrangements and all members of his/her party have the correct passport and visas and health requirements to gain entry to their chosen destination.

To ensure that any special request is promptly and accurately notified to us in writing; and not to make any verbal or written assurances to the purchaser or consumer of any arrangements that any special request shall be complied with;

To immediately notify the purchaser or consumer of any arrangements of any corrections, alterations or other information we advise you of in relation to any arrangements and confirm it in writing as soon as possible;

To advise us immediately of any complaint by a customer in relation to any arrangements.

INDEMNITY

You agree to keep us indemnified for the full amount of all claims, liabilities, demands, damages, costs (including legal costs), expenses, fines and all other sums of whatever nature which we reasonably incur or become liable for as a result of your act(s) and/or omission(s) or those of your employees or sub-agents, or any party to whom any arrangements shall be sold or otherwise supplied committed in breach of and/or outside the scope of these terms and conditions or otherwise without our authority.

COMMISSION ON AGENCY SALES UNDER GAZELLE TRAVEL T/A FAREMINE.COM ATOL 4067

We shall pay you commission on each booking made pursuant to this Agreement where you are making an Agency Sale at the rate detailed in the attached schedule on all items shown on our confirmation email except for any items which we have agreed will not be subject to the payment of commission subject to the following:

a) No commission shall be payable until payment for the arrangements in question has been made and we have issued a confirmation; and

b) No commission shall be payable on that part of any confirmed arrangements subsequently cancelled (by any party), save that you shall be entitled to receive commission on any forfeit deposits or cancellation charges payable, provided such payment has been made in respect of those arrangements.

The mechanism for payment of commission is as detailed in the attached schedule

GENERAL

These Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.

No variation of these terms shall be effective unless made in writing and signed by both parties.

We both agree that you have not relied on and are not entitled to rely on any warranty or representation except as expressly stated or referred to in these terms and these terms set out the entire agreement and understanding between the parties in connection with matters described herein.

If any exclusion(s) or limitation(s) contained in these terms is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these terms for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these terms.

Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.

The parties hereby exclude any rights that any other party may have in relation to this Agreement under the Contract (Rights of Third Parties) Act 1999.

Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the parties

Clauses in these terms intending to have continuing affect will continue to apply after these terms cease to apply for whatever reason and shall be considered re-made and affirmed with each booking you make.

We may amend these terms and conditions at any time without prior notice.

We agree to the above terms and conditions.

I agree to the above terms. Required field