Welcome to American Affair

The Airline Seat Company Limited




These Booking Conditions, together with our privacy policy, our website terms of use and any other written information we brought to your attention before we confirmed your booking, apply to your booking with The Airline Seat Company Limited, a company registered in England and Wales under company number 03030025, whose registered office address is at Craven House, 121 Kingsway, WC2B 6PA trading as American Affair (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. References to "you" and "your" in these Booking Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:

a. has read these Booking Conditions and has the authority to and does agree to be bound by them;

b. consents to our use of personal data in accordance with our privacy policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);

c. is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

d. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act in the following capacities, as a Package Organiser, as a principal in a single service booking (i.e. an accommodation only booking) and as an agent in a single service booking of flights.

Our obligations to you will therefore vary depending upon whether we act as a Package Organiser in the sale of a Package holiday, a principal in the sale of a single service booking or as a booking agent o help you to arrange or book flights sold by a third party supplier (“Supplier/Principal”). As a result, our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible

(A) Section A contains the conditions that will apply to all bookings you make with us;

(B) Section B contains the conditions which will apply when you make a booking with us where we act as the Package Organiser;

1. Booking
When you make your booking you must pay the relevant payment as specified at the time of booking.

Where we are acting as agent (and we will advise you if this is the case, at the time of booking) a contract between you and the Supplier/Principal will come into force in accordance with the provisions of Clause 32. Where we are acting as a principal in the sale of a Package holiday, your contract with us will come into force in accordance with the provisions of Clause 17.

If you believe that any details on any confirmation invoice, ATOL Certificate or any other document that we issue to you are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.

2. Payment

You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date:

(a) Where we are acting as the agent, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions; and

(b) Where you have booked a Package where we are acting as the Package Organiser, you will be subject to our cancellation charges, please see section B below.

3. Accuracy

We endeavour to ensure that the descriptions, holiday information and prices both on our website and in our advertising material are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.

4. Special Requests
If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal but we do not guarantee that they will be met and we will have no liability to you if they are not.

5. Insurance
Adequate travel insurance is a condition of your contract with either us or the Supplier/Principal in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information may affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

6. Accommodation Ratings and Standards
Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.

7. Fitness to Travel and Medical Conditions
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.

Acting reasonably, if we (where we are acting as the Package organiser) or the Supplier/Principal (where we are acting as an agent) are/is 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 either cancel your booking and impose the cancellation charges listed in Section B or C (where your booking is with us) or inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.

8. Behaviour
Please be aware that the booking conditions of the Supplier/Principal will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Supplier/Principals will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the Supplier/Principal or any third party as a result of your conduct.

9. Visa, Passport and Health Requirements
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your chosen holiday. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/abroad/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

It is to have an approved eTA (Electronic Travel Authorisation ) to enter Canada by air for all visa exempt foreign nationals. eTA applications are available online now at www.Canada.ca/eTA. We recommend applying for your eTA before booking your travel arrangements. Should your travel to North America 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 https://esta.cbp.dhs.gov/esta - a fee is charged for this waiver form and the eTA.

The airline on which you have booked may refuse to carry you and/or you may not be allowed entry into North America 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 North America.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://travelaware.campaign.gov.uk/.

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

The airline may decide to refuse to carry you if in their reasonable opinion carrying you would be in breach of any laws, regulations or orders in any country.

Any airline with which you are booked reserve the right to refuse to allow you to check-in or board an aircraft if they consider your passport not to be valid or that it is unlikely to be in a suitable condition to be acceptable to the authorities. Airlines employ a screening company at all their UK and Irish airports and they 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.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

10. Complaints

Where we are acting as agent, the contract for your arrangements is between you and the Supplier/Principal and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the Supplier/Principal or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.

If you wish to complain when you return home, write to the Supplier/Principal. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us.

Where you have booked a Package holiday where we are acting as the Package Organiser, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If the relevant local supplier is not able to remedy your complaint, please contact either our local agent (where applicable, we will provide you with the contact details in your booking documents) or email us at ooh@canadianaffair.com or call us on: 020 7616 9997.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 24 for further details.

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

11. Unavoidable and Extraordinary Circumstances

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 “Unavoidable and Extraordinary Circumstances”. For the purposes of these Booking Conditions, Unavoidable and Extraordinary Circumstances means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Unavoidable and Extraordinary Circumstances, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

12. Law and Jurisdiction

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

13. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. 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 us or the supplier concerned.

In particular these Booking Terms should be read in conjunction with the Conditions of Carriage of your booked airline, which also apply to you. Their Conditions of Carriage are incorporated in your contract w and contain important provisions affecting you, including conditions which may be additional to those expressly set out in these Booking Terms. As with these Booking Terms, you should refer to them before booking your flight. Those Conditions of Carriage are also available upon written request to us.

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.

14. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Unavoidable and Extraordinary Circumstances (see clause 11).

15. ABTA

We are a Member of ABTA, membership number W131X. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

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