Travel Terms and Conditions
Last Night of Freedom and LNOF are the trading names of Last Night Ltd, Registered office: Last Night Ltd Statex House, Saltmeadows Road, Gateshead, NE8 3AH ("we" or "us").
- Company Registration Number: 04415232
- VAT Reg number: GB 779 7745 47
By making a booking, the first name on the booking (the "Group Leader") agrees on behalf of all persons detailed on the booking that:
- he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- he/she is over 18 years of age 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;
- he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. Booking and Payment
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party, the terms of these booking conditions. The first named person on the booking will be the Group Leader and will be responsible for making all payments due to last night of freedom. He/she must be at least 18.
Please note: Checking availability on the web-site or over the telephone does not constitute a confirmation of the booking and although we endeavour to be as accurate as possible with our pricing, we reserve the right to change our prices at any point without prior notice, (this may be due to a number of common reasons for example, exchange rates or supplier, hotelier change).
In order to confirm your chosen arrangements, you must, unless stated otherwise at the time of booking, pay a (non-refundable, non-transferable) deposit of £50 to secure your group booking, the Group Leader is then responsible to collect a further (non-refundable, non-transferable) £25 deposit per person which is required 2 weeks after your booking to secure their place and your firmed numbers need to be confirmed in the 2 weeks. The remaining balance will be due 6 weeks before your weekend departure date. If your enquiry / booking falls within 6 weeks of your departure we would require the full balance paid by phone on a credit or debit card. Upon receiving your first deposit, your booking will be confirmed and a contract between you and Last Night Ltd "us" will exist once you have received written confirmation. The confirmation e-mail you will receive will ask you to log onto the MyLNOF section of our website, in order to check the details of everything you have booked and provide us with various information concerning disabilities and allergies (etc.) and confirm that everything listed is correct.
It is important that you check the MyLNOF section of the website carefully and report any incorrect or incomplete information to us immediately. Please ensure that names and location are exactly as stated in your confirmation and that your dates of departure or dates of your event are correct. We have no responsibility for any errors in any documentation except where an error is made by us. 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, we may cancel your booking and charge a cancellation fees set out in clause 3 of these booking conditions.
Occasionally, different payment terms and non-refundable deposits may apply to the arrangements that you book with us, where this is the case we will advise you of the applicable payment terms at the time of booking and, thereafter, you must comply with the same.
It may take up to 2 working days from the booking reservation until the supplier confirms your booking. If you do not receive a confirmation e-mail within 3 working days, you should contact us directly to make sure that your booking has been made.
If we are unable to confirm your booking, which happens on very rare occasions, we will offer you alternative arrangements and the choice of:
- Accepting the alternative offered,
- Purchasing other accommodation at its current selling price,
- Accepting a full refund of all monies paid to us
You must notify us of your choice within seven days of our offer to you. If you fail to do so we will assume that you have accepted the alternative offered.
Any cancellations are not transferable to any alternate location, ONLY the Group Leader will be allowed to make any changes if permissible (these changes will need to made in writing to us).
2. Prices and Payment Fees
Accuracy of Prices
The prices quoted on the web-site and in your quotes are based in pounds sterling and include VAT. We reserve the right to increase or decrease advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices (This could also be due to the exchange rate at that time). Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements before and at the time of booking.
The price of your travel arrangements has been calculated using exchange rates quoted on xe.com on 1st Jan 2018 in relation to the following currencies: Euro, Czech Koruna, US Dollar, Icelandic Króna.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed arrangements.
The price of your confirmed arrangements is subject at all times to variations in:
- transportation costs, including the cost of fuel; or
- dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
- the exchange rates used to calculate your arrangements.
Such variations could include but are not limited to cost changes which are part of our contracts with transport providers and any other suppliers.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. 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 confirmed travel arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another arrangement 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 all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. 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 tour go down due to the changes mentioned above, by more than 2% of your confirmed tour 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.
There will be no change made to the price of your confirmed arrangements within 30 days of your departure nor will refunds be paid during this period.
There are no transaction fees for credit or debit cards.
3. Changes and Cancellations by Us
It is unlikely that we will have to make any changes to your travel arrangements, as we do plan the arrangements many months in advance. Occasionally we have to make changes and we reserve the right to do so at any time.
Changes: If we make a major change to your tour, we will inform you as soon as reasonably possible if there is time before your departure. Examples of minor changes include a change of accommodation to another of the same or higher standard.
Occasionally we may have to make a major change to your confirmed arrangements. Examples of "major changes" include the following, when made before departure:
- - A change of outward departure time or overall length of your arrangements of twenty four or more hours;
- - A change of destination city;
- - A change of accommodation area, further than 3 miles from the accommodation originally booked, for the whole or a significant part of your time away;
Please Note: We do not sell flights and, therefore, any flights you may book are not part of your booking or contract with us. In the event that you experience any delay or other disruption to your flights, we will make reasonable efforts to rearrange the activities that you have booked with us. However, we will not be liable to you for any refunds or compensation, in the event that such activities can not be rearranged or if you otherwise miss all or part of your trip, as a result of the actions of your chosen airline.
Cancellation: We will not cancel your travel arrangements less than 42 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your tour before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for major changes) accepting the changed arrangements;
- having a refund of all monies paid; or
- accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
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 booking arrangements.
If we cancel or make a major change less than 42 days before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|Period before departure within which notice of Cancellation or major change is notified to you||Compensation payable per person booking|
|42 days or more||Nil|
|41 - 32 days prior to departure||£10|
|31 - 22 days prior to departure||£20|
|21 - 14 days prior to departure||£30|
|Less than 14 days prior to departure||£40|
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- - where we make a minor change;
- - where we make a major change or cancel your arrangements more than 42 days before departure;
- - where we have to cancel your arrangements as a result of your failure to make full payment on time;
- - where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- - where we are forced to cancel or change your arrangements due to Force Majeure (see Clause 9).
In the event of a change or cancellation, we regrettably cannot reimburse you for any incidental expenses incurred by you such as visas, equipment, transport, insurance or similar costs.
Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
4. Changes and Cancellations by You
Any request for a change to your confirmed booking must be made by your Group Leader. Any cancellation or amendment request must be sent to us in writing, by email, post or via MyLNOF and will take effect on the day we receive it at our offices at Last Night of Freedom, Statex House, Saltmeadows Road, Gateshead, NE8 3AH. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier of your arrangements. The supplier may charge the cancellation or amendment charges shown in their booking conditions. These charges are likely to be in the region of:
Period before departure within which written notification of cancellation is received by us and cancellation charge per person cancelling
- 42 days or more - Any deposits paid
- 28 days or more - The greater of 50% of holiday cost or £50 per person
- Less than 28 days - 100% of holiday cost
Although we do not arrange flights on your behalf, please note that most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Most 'no frills' airlines have cancellation charges of 100% from time of booking.
Please Note: we will not be liable to provide you with either a refund or any compensation in the event that you and/or your group fail to present yourself (either on time or at all) for a particular service or activity that you have booked, regardless of the reason for your failure to present yourself (either on time or at all); unless this failure arose as a direct result of our negligence or that of our employees acting in the course of their employment.
5. Our Liability
- We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation e-mail, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your tour. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
- 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 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
- unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
- We limit the maximum amount we may have to pay you if we are found liable under this clause:
- loss of and/or damage to any luggage or personal possessions and money
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because it is a condition of this contract that you have adequate insurance in place to cover any losses of this kind (see clause 7 for further details).
- Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- Claims in respect of international travel by air, sea and rail, or any stay in a hotel
- The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
- In any circumstances in which a carrier is liable to you 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 entitled to receive from the transport provider or hotelier for the complaint or claim in question.
- Please Note – as we do not sell flight arrangements, any flights that you book will not form part of your contract with us. Therefore, if an airline cancels, delays or otherwise fails to provide a flight that you have booked separately, the airline alone will be the party responsible for that act and/or omission. Any claim arising out of the occurrence of such circumstances should be pursued against the airline accordingly.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website: for example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to.
- You must tell us and the supplier concerned about your claim or complaint. If asked to do so, you must transfer to us or our insurers any rights you have against whoever is responsible for your claim or complaint and provide ourselves and our insurers with all co-operation and assistance that may be reasonably required.
- We do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses.
6. Special Requests
Whilst we will endeavour to comply with any special requests such as diet and room requirements, we can only do so on a 'goodwill' or request basis. As these are usually only provided at the discretion of the relevant supplier, hotelier or transport companies. We cannot guarantee availability and cannot be held responsible if they are not provided. Some requests may incur a charge which will subsequently be passed onto you/your group and be paid for in full before the request can be carried out.
We are also happy to advise and assist special needs or disabled customers. However, some activity centres, hotels may lack even the simplest facilities such as wheelchair ramps, lifts, etc. Therefore we must be provided with full written details of any disability or special requirements before booking to ascertain whether the weekend and location of your choice is suitable. Failure to advise us prior to booking may result in the termination of any arrangements with us, for which we would not be liable to make alternative arrangements, or to make refunds or pay compensation.
It is your responsibility that these requests get to us in the following ways- such requests must be made in writing to your sales agent by email, by post to the above postal address or via MyLNOF (we will only acknowledge requests that we have received).
You MUST take out fully comprehensive travel insurance, (it is your Group Leaders responsibility to advise the group members attending to do the same). This can be obtained through a third party insurance provider. It should cover you in the event of cancellation against loss of deposit or cancellation fees, for medical costs in the event of you becoming ill or having an accident whilst on holiday and any lost or stolen possessions (including baggage). There are some restrictions on insurance, for example pre-existing medical conditions and you should advise the insurance provider of these at the time the policy is taken out. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
Some activities and pursuits carry inherent risks to the client's safety and wellbeing......A client wishing to participate in activities which carry an inherent risk may be asked to sign an additional waiver form by the local supplier. 'It should be understood that participation is at the individual's own risk and it is your own responsibility to obtain the relevant insurance.'
Before making your booking with us it is essential that you provide us with ANY or ALL information on any medical condition, illness or dietary requirement you or your group members may have. (This includes height or weight). We have the right to refuse to accept the booking or you may not be able to participate in certain events in which case we will not be liable for any losses or damages resulting in compensation.
9. Force Majeure
No compensation is payable in any circumstances where performance and/or prompt performance of the contract is prevented by reason of war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, technical or mechanical problems with transport, motorway congestion or closure on the way to an airport, railway station or port, airports, railway stations or ports being closed or full, cancellation or changes of schedules by carriers (or any similar event), hotel overbooking, postal strikes or delays, water or power disruption or other similar events beyond our reasonable control.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the supplier(s) concerned. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. Suppliers reserve the right at any time to terminate your stay, transfer or participation in any activity or that of any member of your party due to your misconduct, where justified in their reasonable opinion. No refunds will be given. Furthermore, neither the suppliers nor we shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay/transfer being terminated.
To cover the costs of potential damage to any hotel property ALL hotels, hostels and apartments will require a security bond on a credit card upon arrival from either the Group Leader or members of the group staying in a hotel room, these security bonds are refunded unless the hotel has any problems upon checkout. All information about any security bonds will be provided in your final Itinerary once you have paid your balance for your weekend. Please note: All security bond for all the hotels, hostels and apartments vary.
11. Passport, Visa and Immigration Requirements
We will advise you to the best of our ability with passport and visa, immigration requirements information and where you can go to find it, however you need to make sure that you confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. We advise you visit www.gov.uk/government/organisations/hm-passport-office in order to gain the most up to date information or contact the relevant Embassy directly.
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.
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.
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.
We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your tour, you must let us know as soon as possible.
Should a problem arise, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us on the emergency telephone number that we provide to you. If the problem cannot be resolved and you wish to complain further, you must advise us via telephone, MyLNOF or send formal written notice of your complaint to us at Last Night of Freedom, Statex House, Saltmeadows Road, Gateshead, NE8 3AH or by e-mail to email@example.com 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 [do/do not] offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 13 for further details. You can also access the European Commission Online Dispute (ODR) Resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
We encourage feedback about our website or the travel products supplied. Please contact us if you have any comments whether good or bad.
We are a Member of ABTA, membership number Y6354. 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.
14. Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for your chosen arrangements and for your repatriation in the event of our insolvency. For these purposes, we protect money that you have paid us in relation to non air-package holidays, via a bond held by Zurich Insurance PLC.
15. Data Protection Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as your tour activity suppliers, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons).
Usually your activity centre, hotels or transport companies etc. or other principal will pass this information onto their suppliers once we have provided it to them. Those suppliers or other principal’s use of your information is subject to their policy, both in respect of your booking and any future marketing, and is their responsibility. Please ask either us or them for a copy of this if you would like to see it.
You are entitled to a copy of your information held by us. If you would like to see this please contact us in writing to the above registered address. We may make a small charge for providing this to you.
16. Bolt-On Bookings
After your booking has been confirmed, you may choose to add various bolt-on services to your booking.
Any member of your group may request that a bolt-on is added to your booking; however, it is a strict requirement that any such request is accompanied by the approval and consent of the Group Leader.
17. Conditions of Suppliers
Many of the services which make up your tour 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.
18. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
The Package Travel (etc.) Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 5 (c) (a) (b) or (c) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Please note the existence of a "Community list" (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
19. Law and Jurisdiction
These terms and conditions are governed by and shall be construed in accordance with the laws of England. Any dispute will be under the exclusive jurisdiction of the English courts. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes.